Italian Arbitration Case Law

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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sentenza 27/04/2026

Court of Rome, judgment of 27 April 2026, No. 6494

no. 6494 · Tribunale — Roma

A statutory arbitration clause drafted in permissive terms, providing that disputes "may" be referred to an arbitral tribunal, is nevertheless operative where invoked by one of the parties, since the…

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ordinanza 27/04/2026

Supreme Court, order of 27 April 2026, N. 11340

no. 11340 · Cassazione

In the matter of the challenge of the arbitral award, a dispute concerning the payment of healthcare services rendered by a private provider under a contract concluded pursuant to art.…

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ordinanza 27/04/2026

Supreme Court, order of 27 April 2026, N. 11406

no. 11406 · Cassazione

The arbitration clause does not constitute an ancillary term of the contract in which it is contained, but constitutes a juridical act endowed with its own individuality and autonomy. It…

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sentenza 27/04/2026

Court of Rome, judgment of 27 April 2026, No. 6588

no. 6588 · Tribunale — Roma

An arbitral award that has not been challenged in the manner prescribed by law becomes binding on the parties, who may not raise in subsequent ordinary proceedings the objections to…

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sentenza 27/04/2026

Court of Torre Annunziata, judgment of 27 April 2026, No. 1185

no. 1185 · Tribunale — Torre Annunziata

In order to determine whether a given arbitration clause provides for arbitration or for contractual arbitration (arbitrato irrituale), regard must be had to the intention of the parties as ascertained…

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sentenza 26/04/2026

Supreme Court, 26 April 2026, N. 11188

no. 11188 · Cassazione

In the matter of the challenge of the arbitral award, the subsequent formation of res judicata on the termination of the works contract renders the enquiry into the timeliness and…

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sentenza 24/04/2026

Court of Naples North, judgment of 24 April 2026, No. 1475

no. 1475 · Tribunale — Napoli nord

The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue a payment order, but requires the court, in the event of a subsequent…

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sentenza 24/04/2026

Court of Palermo, judgment of 24 April 2026, No. 2717

no. 2717 · Tribunale — Palermo

An arbitration clause contained in the extrajudicial enforceable instrument on which a writ of enforcement (precetto) is based may be raised by way of opposition to the writ, with the…

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sentenza 24/04/2026

Court of Rimini, judgment of 24 April 2026, No. 263

no. 263 · Tribunale — Rimini

In order to establish whether a contractual clause constitutes an arbitration agreement or a mere condition of admissibility, it must be interpreted according to the criteria of articles 1362 et…

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sentenza 23/04/2026

Court of Padua, judgment of 23 April 2026, No. 708

no. 708 · Tribunale — Padova

The regulation of subcontracting in public contracts, in particular art. 105(13) of Legislative Decree No. 50 of 18 April 2016, which provides for the possibility for the contracting authority to…

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