Italian Arbitration Case Law

decreto 13/04/2026

Court of Venice, decree of 13 April 2026 (R.G. 00001451/2026)

Tribunale — Venezia

Under art. 810(4) cod. proc. civ., the president of the court appoints the arbitrator by decree, without the need to summon the parties, where it appears that the arbitration agreement…

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ordinanza 12/04/2026

Supreme Court, order of 12 April 2026, N. 9217

no. 9217 · Cassazione

In the matter of arbitration, the inconsistency of the arbitral award referred to in art. 829 co. 1 n. 11 cod. proc. civ., for the purposes of permitting a challenge…

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sentenza 11/04/2026

Court of Appeal of Trieste, judgment of 11 April 2026, No. 88

no. 88 · Corte di Appello — Trieste

A judgment by which the ordinary court declares the claim inadmissible on the ground that jurisdiction lies with the arbitrators does not bind the arbitrators as to the legal existence…

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sentenza 10/04/2026

Court of La Spezia, judgment of 10 April 2026, No. 209

no. 209 · Tribunale — La Spezia

An informal arbitral award, being the product of the parties' free exercise of contractual autonomy and having legal effects referable to the contractual sphere, may be reviewed by the ordinary…

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sentenza 10/04/2026

Court of Milan, judgment of 10 April 2026, No. 3029

no. 3029 · Tribunale — Milano

An arbitration clause in condominium rules providing for the appointment of arbitrators by a majority of the co-owners is void, as it conflicts with the mandatory principle, applicable to both…

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sentenza 10/04/2026

Court of Milan, judgment of 10 April 2026, No. 3043

no. 3043 · Tribunale — Milano

In contracts concluded with consumers, an arbitration clause, as a clause establishing a derogation from the jurisdiction of the ordinary courts, is presumed unfair until the contrary is proved under…

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sentenza 10/04/2026

Court of Appeal of Trieste, judgment of 10 April 2026, No. 85

no. 85 · Corte di Appello — Trieste

A partial challenge to an arbitral award is admissible under Article 830, paragraph 1, of the Code of Civil Procedure where the challenged part of the award is severable from…

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decreto 09/04/2026

Court of Treviso, decree of 9 April 2026

Tribunale — Treviso

For the purposes of the proceedings under Article 810 of the Code of Civil Procedure, only the identification of the parties to the contract containing the arbitration clause is relevant;…

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ordinanza 09/04/2026

Court of Appeal of Campobasso, order of 9 April 2026

Corte di Appello — Campobasso

An arbitral tribunal that raises an issue of its own motion, such as the termination of the contract by mutual consent, without submitting the issue to the parties and without…

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sentenza 09/04/2026

Court of Appeal of Lecce, judgment of 9 April 2026, No. 358

no. 358 · Corte di Appello — Lecce

In arbitration concerning public contracts, the constitution of the arbitral tribunal must comply with the forms prescribed by Article 209 of Legislative Decree No. 50/2016, which provides that the tribunal…

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decreto 08/04/2026

Court of Grosseto, decree of 8 April 2026

Tribunale — Grosseto

An arbitration clause cannot be raised by the court of its own motion and does not preclude the right to apply for a payment order.

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sentenza 08/04/2026

Court of Latina, judgment of 8 April 2026, No. 710

no. 710 · Tribunale — Latina

An arbitration clause referring the dispute to informal arbitration must be interpreted, in the absence of a contrary intention, as encompassing within arbitral jurisdiction all disputes relating to claims whose…

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