Italian Arbitration Case Law

sentenza 15/05/2026

Court of Appeal of Lecce, judgment of 15 May 2026, No. 443

no. 443 · Corte di Appello — Lecce

In public contracts for works, services and supplies, an arbitration clause inserted without the prior reasoned authorisation of the governing body of the contracting authority is void pursuant to Article…

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sentenza 15/05/2026

Court of Appeal of Rome, judgment of 15 May 2026, No. 4085

no. 4085 · Corte di Appello — Roma

A challenge for nullity of an arbitral award is a proceeding of limited review, which may only be brought on specified procedural errors expressly provided for in Article 829 of…

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sentenza 15/05/2026

Court of Appeal of Trento, judgment of 15 May 2026, No. 84

no. 84 · Corte di Appello — Trento

Arbitral proceedings are governed by the principle of freedom of form, so that, where nothing has been stipulated in the arbitration agreement, the arbitrator has the power to regulate the…

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decreto 15/05/2026

Court of L’Aquila, decree of 15 May 2026

Tribunale — L'aquila

Non-contentious proceedings are not arbitrable; the appointment of a company's liquidator falls within non-contentious jurisdiction pursuant to Article 2487(2) of the Civil Code and may be referred neither to arbitrators…

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sentenza 15/05/2026

Court of Lecce, judgment of 15 May 2026, No. 1848

no. 1848 · Tribunale — Lecce

An arbitration clause contained in the articles of a partnership applies to disputes arising from the articles of association, including those relating to the nullity of corporate changes, where the…

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sentenza 15/05/2026

Court of Lucca, judgment of 15 May 2026, No. 321

no. 321 · Tribunale — Lucca

The existence of an arbitration clause does not preclude the competence of the ordinary court to issue a payment order; however, where the debtor, in filing an opposition, relies upon…

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sentenza 13/05/2026

Court of Appeal of Brescia, judgment of 13 May 2026, No. 477

no. 477 · Corte di Appello — Brescia

Where an arbitration clause provides for the referral of disputes to international arbitration with a seat abroad, the national court lacks jurisdiction and may not review the validity or effectiveness…

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sentenza 12/05/2026

Court of Busto Arsizio, judgment of 12 May 2026, No. 498

no. 498 · Tribunale — Busto arsizio

Where an opposition to a payment order is based on the plea of arbitral competence, the ordinary court which finds that a valid arbitration clause exists must declare its own…

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sentenza 12/05/2026

Court of Cosenza, judgment of 12 May 2026, No. 683

no. 683 · Tribunale — Cosenza

Public authorities are not permitted to have recourse to contractual arbitration (arbitrato irrituale); an arbitration clause providing for arbitration in a contract concluded with a public authority is void where…

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sentenza 12/05/2026

Court of Latina, judgment of 12 May 2026, No. 998

no. 998 · Tribunale — Latina

In condominium matters, Article 1137(2) of the Civil Code, in granting every co-owner the right to apply to the court against resolutions of the general meeting, does not create an…

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sentenza 12/05/2026

Court of Piacenza, judgment of 12 May 2026, No. 172

no. 172 · Tribunale — Piacenza

An arbitration clause referring to arbitrators disputes concerning the interpretation or performance of the contract to which it relates, in the absence of an express contrary intention, confines arbitral competence…

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sentenza 12/05/2026

Court of Rome, judgment of 12 May 2026, No. 7496

no. 7496 · Tribunale — Roma

A clause providing for arbitration with a seat abroad, entered into between an Italian party and a foreign company in a contract concerning disposable rights, is valid and gives rise…

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