Italian Arbitration Case Law

ordinanza 30/04/2026

Court of Cagliari, order of 30 April 2026

Tribunale — Cagliari

The arbitrator has no jurisdiction to adjudicate on the costs of precautionary proceedings conducted before the ordinary court pursuant to art. 669 quinquies of the Code of Civil Procedure, so…

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sentenza 30/04/2026

Court of Monza, judgment of 30 April 2026, No. 937

no. 937 · Tribunale — Monza

The self-assessment of the arbitrator's fee under art. 814(2) of the Code of Civil Procedure has the value of a mere contractual proposal and is not binding on the parties…

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sentenza 30/04/2026

Court of Nocera Inferiore, judgment of 30 April 2026, No. 1160

no. 1160 · Tribunale — Nocera inferiore

An arbitration clause contained in the statute of a consortium, referring to arbitration the disputes between member entities, does not extend to disputes between the consortium itself, as an autonomous…

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sentenza 30/04/2026

Court of Pisa, judgment of 30 April 2026, No. 469

no. 469 · Tribunale — Pisa

An arbitration clause drafted in broad and all-encompassing terms, referring to an arbitral tribunal any dispute relating to the interpretation and performance of the contract, excludes the jurisdiction of the…

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sentenza 29/04/2026

Court of Appeal of Ancona, judgment of 29 April 2026, No. 475

no. 475 · Corte di Appello — Ancona

An arbitration clause, although contained in a contract, constitutes an agreement endowed with functional autonomy, intended to govern the manner of resolution of disputes between the parties, and such autonomy…

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sentenza 29/04/2026

Supreme Court, 29 April 2026, N. 11713

no. 11713 · Cassazione

The proceedings for the challenge of the arbitral award have as their sole object the review of the lawfulness of the decision rendered by the arbitrators, not the re-examination of…

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ordinanza 29/04/2026

Supreme Court, order of 29 April 2026, N. 11842

no. 11842 · Cassazione

The statutory extension of the natural gas distribution concession, provided for by art. 14 co. 7 d.lgs. n. 164 of 2000, entails the continuation of the original concession agreement, albeit…

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sentenza 29/04/2026

Court of Brescia, judgment of 29 April 2026, No. 4215

no. 4215 · Tribunale — Brescia

In the context of standard contract terms, the specific written approval of the arbitration clause, as a requirement for the enforceability of unfair terms against the adhering party under art.…

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sentenza 28/04/2026

Court of Appeal of Milan, judgment of 28 April 2026, No. 1304

no. 1304 · Corte di Appello — Milano

The challenge of an arbitral award for nullity is a form of review of limited scope, admissible only to assert errors in iudicando and errors in procedendo within the boundaries…

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ordinanza 27/04/2026

Supreme Court, order of 27 April 2026, N. 11224

no. 11224 · Cassazione

Where a dispute is referred to an arbitral tribunal, the value thereof, relevant for the purposes of the assessment of the fees payable to the arbitrators pursuant to art. 814…

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sentenza 27/04/2026

Court of Milan, judgment of 27 April 2026, No. 3513

no. 3513 · Tribunale — Milano

An arbitration clause drawn up in broad and all-encompassing terms, referring all disputes arising from the contract to arbitration, complies with the principle set out in art. 808 quater of…

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ordinanza 27/04/2026

Supreme Court, order of 27 April 2026, N. 11254

no. 11254 · Cassazione

In the matter of the assessment of the fees payable to the arbitrators pursuant to art. 814 cod. proc. civ., where a principal claim and a counterclaim have been brought…

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