Italian Arbitration Case Law

sentenza 06/05/2026

Court of Appeal of Ancona, judgment of 6 May 2026, No. 496

no. 496 · Corte di Appello — Ancona

An arbitral award rendered enforceable by a court pursuant to the applicable provisions constitutes a valid and effective title of transfer of ownership; however, notwithstanding such validity and effectiveness, it…

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sentenza 06/05/2026

Court of Appeal of Florence, judgment of 6 May 2026, No. 1848

no. 1848 · Corte di Appello — Firenze

A judgment by which an ordinary court affirms or denies its own jurisdiction in connection with the existence of an arbitration agreement determines exclusively a question of jurisdiction and is…

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sentenza 06/05/2026

Court of Appeal of Rome, judgment of 6 May 2026, No. 3761

no. 3761 · Corte di Appello — Roma

An action to set aside an arbitral award on grounds of nullity is subject to restricted review: such an action cannot be used to challenge the assessment of the facts…

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decreto 06/05/2026

Court of Cosenza, decree of 6 May 2026 (R.G. 00000955/2026)

Tribunale — Cosenza

In proceedings for the appointment of an arbitrator under art. 810 of the Code of Civil Procedure, the President of the court is required to proceed with the appointment without…

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decreto 06/05/2026

Court of Appeal of Rome, decree of 6 May 2026 (R.G. 00050525/2026)

Corte di Appello — Roma

An arbitration clause in a company's articles of association that confers on the President of the Court of Appeal the power to appoint arbitrators cannot be treated as equivalent to…

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sentenza 06/05/2026

Court of Enna, judgment of 6 May 2026, No. 297

no. 297 · Tribunale — Enna

An arbitration clause in a company's articles of association, which refers to arbitration disputes between shareholders concerning available rights relating to the corporate relationship, ceases to be applicable following the…

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decreto 06/05/2026

Court of Appeal of Rome, decree of 6 May 2026 (R.G. 00050715/2026)

Corte di Appello — Roma

Pursuant to art. 839, paragraph 1, of the Code of Civil Procedure, exclusive functional jurisdiction to rule on an application for recognition of the enforceability in Italy of a foreign…

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sentenza 06/05/2026

Court of Milan, judgment of 6 May 2026, No. 3770

no. 3770 · Tribunale — Milano

The existence of an arbitration clause does not prevent a creditor from applying for and obtaining from the ordinary court a payment injunction in respect of a debt arising from…

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sentenza 06/05/2026

Court of Rome, judgment of 6 May 2026, No. 7070

no. 7070 · Tribunale — Roma

No lis pendens exists between a dispute referred to arbitration and a claim pending before an ordinary court, even where the two sets of proceedings concern connected issues; lis pendens,…

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sentenza 06/05/2026

Court of Rome, judgment of 6 May 2026, No. 7088

no. 7088 · Tribunale — Roma

The liability action brought by a company against its directors under Article 2476 of the Civil Code, seeking compensation for damage caused by mismanagement, may be referred to arbitration, since…

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sentenza 05/05/2026

Court of Catanzaro, judgment of 5 May 2026, No. 1610

no. 1610 · Tribunale — Catanzaro

Contractual expert appraisal (perizia contrattuale) is distinguished from arbitration by the subject-matter of the cognition entrusted to the appraisers: whereas arbitration vests arbitrators with the power to decide legal questions…

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sentenza 05/05/2026

Court of Catanzaro, judgment of 5 May 2026, No. 1620

no. 1620 · Tribunale — Catanzaro

The objection that the time-limit for rendering the award under Article 820(2) of the Code of Civil Procedure has elapsed without result, once already examined and dismissed by the arbitrator…

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