Italian Arbitration Case Law

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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…

Read more

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,…

Read more

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…

Read more

ordinanza 06/05/2026

Court of Santa Maria Capua Vetere, order of 6 May 2026 (R.G. 00007419/2025)

Tribunale — Santa Maria Capua Vetere

The objection based on an arbitration agreement (exceptio compromissi) is of a procedural nature and raises a question of jurisdiction, which must be raised by the interested party, on pain…

Read more

sentenza 06/05/2026

Court of Termini Imerese, judgment of 6 May 2026, No. 906

no. 906 · Tribunale — Termini Imerese

An arbitral award constitutes an autonomous enforcement title, and its service on the debtor as a condition precedent to enforcement cannot be replaced or substituted by service of the judgment…

Read more

ordinanza 06/05/2026

Supreme Court, order of 6 May 2026, N. 13009

no. 13009 · Cassazione

Pursuant to art. 819-ter co. 1 cod. proc. civ., the plea of lack of jurisdiction of the court by reason of an arbitration agreement must be raised, on pain of…

Read more

ordinanza 06/05/2026

Supreme Court, order of 6 May 2026, N. 13015

no. 13015 · Cassazione

In the absence of different provisions in the arbitration agreement or in a separate written instrument, arbitral proceedings are conducted on the basis of the principle of freedom of form;…

Read more