Italian Arbitration Case Law

ordinanza 05/05/2026

Supreme Court, order of 5 May 2026, N. 12630

no. 12630 · Cassazione

Judgments on jurisdiction rendered by the Court of Cassation on an application for the determination of jurisdiction — including those affirming arbitral jurisdiction — have pan-procedural effect and produce their…

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ordinanza 05/05/2026

Court of Cosenza, order of 5 May 2026 (R.G. 00000497/2026)

Tribunale — Cosenza

Where a dispute arises from separate contracts each containing a substantially identical arbitration clause, and the claims arising under the respective contracts are inextricably linked to the overall economic relationship…

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ordinanza 05/05/2026

Supreme Court, order of 5 May 2026, N. 12660

no. 12660 · Cassazione

The special forum provided for by art. 637 co. 3 cod. proc. civ. — which enables a barrister to apply for a payment order to the court having jurisdiction by…

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sentenza 05/05/2026

Court of Modena, judgment of 5 May 2026, No. 627

no. 627 · Tribunale — Modena

An arbitration clause included in general terms and conditions drafted by a professional operator, conferring jurisdiction to decide disputes upon administered arbitration, is not enforceable against a user who is…

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sentenza 05/05/2026

Court of Parma, judgment of 5 May 2026, No. 523

no. 523 · Tribunale — Parma

An arbitration clause contained in an individually negotiated contract is not subject to the requirement of specific written approval under Articles 1341 and 1342 of the Civil Code, which applies…

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ordinanza 05/05/2026

Court of Pesaro, order of 5 May 2026 (R.G. 00000322/2026)

Tribunale — Pesaro

An arbitration clause that generically refers to arbitration «all disputes relating to or arising from the contract» does not confer upon the arbitral tribunal exclusive jurisdiction over interim measures under…

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sentenza 05/05/2026

Court of Appeal of Venice, judgment of 5 May 2026, No. 1041

no. 1041 · Corte di Appello — Venezia

An action to set aside an arbitral award is subject to confined grounds of challenge: the challenging party must specifically identify the nullity grounds invoked among those exhaustively listed in…

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ordinanza 05/05/2026

Court of Ragusa, order of 5 May 2026 (R.G. 00000804/2026)

Tribunale — Ragusa

Pursuant to arts. 824-bis and 825 of the Code of Civil Procedure, jurisdiction to grant the declaration of enforceability of an arbitral award vests in the court within whose district…

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sentenza 05/05/2026

Court of Salerno, judgment of 5 May 2026, No. 2741

no. 2741 · Tribunale — Salerno

An arbitration clause contained in a settlement agreement, by which all disputes between the parties are referred to federation arbitration or, at the option of one party, to the ordinary…

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sentenza 05/05/2026

Court of Venice, judgment of 5 May 2026, No. 8245

no. 8245 · Tribunale — Venezia

The plea of arbitral jurisdiction, being a defence in the strict sense left to the parties' disposition, must be raised by the defendant within the time limits prescribed by art.…

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ordinanza 04/05/2026

Supreme Court, order of 4 May 2026, N. 12525

no. 12525 · Cassazione

Article 814 co. 1 cod. proc. civ. contains a principle of general application according to which, whatever the nature of the arbitration, whether arbitration or contractual arbitration (arbitrato irrituale), the…

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ordinanza 04/05/2026

Court of Catania, order of 4 May 2026 (R.G. 00000423/2026)

Tribunale — Catania

An arbitration clause contained in the articles of association, which refers to a sole arbitrator disputes 'between the partners' concerning the application of the articles and the validity of resolutions…

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