Italian Arbitration Case Law

ordinanza 09/05/2026

Supreme Court, order of 9 May 2026, N. 13481

no. 13481 · Cassazione

In proceedings for the challenge of the arbitral award pursuant to art. 829 co. 1 n. 4 cod. proc. civ. on the ground that the award was rendered beyond the…

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ordinanza 09/05/2026

Court of Rome, order of 9 May 2026 (R.G. 00006715/2026)

Tribunale — Roma

An application for interim relief, aimed at suspending the enforcement of a company resolution challenged for nullity, is properly brought before the ordinary court even where the merits of the…

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sentenza 08/05/2026

Court of Appeal of Caltanissetta, judgment of 8 May 2026, No. 312

no. 312 · Corte di Appello — Caltanissetta

Where a subsequent contractual agreement wholly replaces an earlier one without reproducing the arbitration clause contained therein, the arbitration clause must be regarded as having lapsed and the dispute remains…

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sentenza 08/05/2026

Court of Bolzano, judgment of 8 May 2026, No. 409

no. 409 · Tribunale — Bolzano

Derogation from the jurisdiction of the ordinary courts by means of an arbitration clause cannot be presumed; where there is doubt as to the scope of the clause, a restrictive…

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sentenza 08/05/2026

Court of Naples, judgment of 8 May 2026, No. 7653

no. 7653 · Tribunale — Napoli

Contractual arbitration (arbitrato irrituale) by experts is a legal transaction whereby the parties refer the determination of contractual elements — in particular the quantification of damage — to third parties;…

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decreto 08/05/2026

Court of Rimini, decree of 8 May 2026 (R.G. 00000704/2026)

Tribunale — Rimini

For the purpose of the court-appointed arbitrator by the president of the tribunal, jurisdiction is founded by the arbitration clause designating the seat of the arbitration within that district; in…

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sentenza 07/05/2026

Court of Appeal of Naples, judgment of 7 May 2026, No. 3432

no. 3432 · Corte di Appello — Napoli

Proceedings for setting aside an arbitral award on grounds of nullity are subject to the rule of restricted grounds of challenge and may be brought only for specific errors of…

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sentenza 07/05/2026

Court of Cassino, judgment of 7 May 2026, No. 798

no. 798 · Tribunale — Cassino

The parties to arbitration proceedings are jointly and severally liable for the payment of costs and fees owed to the arbitrators pursuant to Article 814, paragraph 1, of the Code…

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sentenza 07/05/2026

Court of Rome, judgment of 7 May 2026, No. 7180

no. 7180 · Tribunale — Roma

When interpreting an arbitration clause, the court is required to examine its nature and validity by assessing the arbitration agreement as a whole and applying the rules of construction set…

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sentenza 07/05/2026

Court of Rome, judgment of 7 May 2026, No. 7183

no. 7183 · Tribunale — Roma

When interpreting an arbitration clause, the court is required to examine its nature and validity by assessing the arbitration agreement as a whole and applying the rules of construction set…

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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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