Italian Arbitration Case Law

sentenza 20/04/2026

Court of Messina, judgment of 20 April 2026, No. 815

no. 815 · Tribunale — Messina

The plea that a dispute has been referred to contractual arbitration (arbitrato irrituale), amounting to a waiver of judicial proceedings and of State jurisdiction through the choice of a mechanism…

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sentenza 20/04/2026

Court of Nocera Inferiore, judgment of 20 April 2026, No. 1048

no. 1048 · Tribunale — Nocera inferiore

An arbitration clause contained in the statute of a consortium, providing for the referral to arbitrators of disputes "between consortium members", must be interpreted according to its literal terms and…

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sentenza 20/04/2026

Court of Pavia, judgment of 20 April 2026, No. 342

no. 342 · Tribunale — Pavia

A contractual clause requiring that an amicable settlement attempt precede the commencement of proceedings does not constitute an arbitration clause, whether for arbitration proper or for contractual arbitration (arbitrato irrituale),…

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sentenza 18/04/2026

Court of Catania, judgment of 18 April 2026, No. 1888

no. 1888 · Tribunale — Catania

The objection based on the existence of a statutory arbitration clause referring the dispute to arbitration is not capable of being raised of the court's own motion by the ordinary…

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sentenza 17/04/2026

Court of Florence, judgment of 17 April 2026, No. 2082

no. 2082 · Tribunale — Firenze

An arbitration clause appended to a contract is not apt to confer on the arbitrators jurisdiction over disputes arising from a settlement agreement, even a non-novative one, relating to disputes…

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sentenza 17/04/2026

Court of Vercelli, judgment of 17 April 2026, No. 1046

no. 1046 · Tribunale — Vercelli

Contractual arbitration (arbitrato irrituale) takes the form of a joint mandate conferred by the parties on one or more arbitrators for the resolution of the dispute by means of a…

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sentenza 17/04/2026

Court of Appeal of Bologna, judgment of 17 April 2026, No. 1032

no. 1032 · Corte di Appello — Bologna

Proceedings for the challenge of an arbitral award are composed of two phases: the first, rescinding phase, aimed at ascertaining any nullity of the award, and the second, rescissory phase,…

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ordinanza 17/04/2026

Supreme Court, order of 17 April 2026, N. 9991

no. 9991 · Cassazione

In the matter of the termination of a works contract for breach by the employer, where restitution in kind to the contractor of the partially completed works is not feasible,…

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sentenza 17/04/2026

Court of Appeal of Milan, judgment of 17 April 2026, No. 1118

no. 1118 · Corte di Appello — Milano

Under art. 819-ter(1) cod. proc. civ., the competence of the arbitrators is not excluded by the connection between the dispute referred to them and a case pending before the ordinary…

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sentenza 16/04/2026

Court of Rovigo, judgment of 16 April 2026, No. 241

no. 241 · Tribunale — Rovigo

An arbitration clause contained in a contract specifically negotiated between the parties is not subject to the requirement of double signature under art. 1341 cod. civ., since that provision applies…

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sentenza 16/04/2026

Court of Velletri, judgment of 16 April 2026, No. 965

no. 965 · Tribunale — Velletri

Where an arbitration clause for arbitration is provided in the contract relied on in summary proceedings, once the objection of incompetence of the ordinary court has been upheld, the payment…

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sentenza 16/04/2026

Court of Appeal of Milan, judgment of 16 April 2026, No. 1099

no. 1099 · Corte di Appello — Milano

The challenge of an arbitral award under art. 829 cod. proc. civ. is a limited form of review and does not give rise to appellate proceedings authorising the court to…

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