Italian Arbitration Case Law

sentenza 30/06/2026

Court of Appeal of Milan, judgment of 30 June 2026, No. 2051

no. 2051 · Corte di Appello — Milano

A contractual expert determination (perizia contrattuale) differs from arbitration and from contractual arbitration (arbitrato irrituale), since the third party is not entrusted with resolving the disputes between the parties but…

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sentenza 30/06/2026

Court of Appeal of Naples, judgment of 30 June 2026, No. 5229

no. 5229 · Corte di Appello — Napoli

An arbitration clause in the articles of association does not extend to a dispute concerning the repayment of sums lent by the company to its shareholders, since that relationship rests…

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sentenza 30/06/2026

Court of Piacenza, judgment of 30 June 2026, No. 230

no. 230 · Tribunale — Piacenza

Any doubt as to the parties' actual intention is to be resolved in favour of arbitration; a power to decide ex aequo et bono, the finality of the award or…

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ordinanza 30/06/2026

Court of Naples, order of 30 June 2026 (R.G. 00012259/2026)

Tribunale — Napoli

Eviction validation proceedings, which fall within the functional and mandatory jurisdiction of the court, cannot be referred to arbitrators as regards the summary phase, without prejudice to the possible operation…

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decreto 30/06/2026

Court of Pescara, decree of 30 June 2026 (R.G. 00001041/2026)

Tribunale — Pescara

The challenge of arbitrators under art. 815 cod. proc. civ. does not apply to contractual arbitration (arbitrato irrituale), which, being private in nature, is not governed by a public-policy principle…

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sentenza 29/06/2026

Court of Campobasso, judgment of 29 June 2026, No. 472

no. 472 · Tribunale — Campobasso

An objection based on the arbitration agreement raised before the ordinary court concerns the merits and not jurisdiction or competence, so that the decision resolving it is to be treated…

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sentenza 29/06/2026

Court of Milan, judgment of 29 June 2026, No. 5407

no. 5407 · Tribunale — Milano

An objection based on the arbitration agreement raised before the ordinary court concerns the merits and not jurisdiction or competence, since the effect of the arbitration clause is a waiver…

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sentenza 29/06/2026

Court of Milan, judgment of 29 June 2026, No. 5422

no. 5422 · Tribunale — Milano

In proceedings opposing a payment order, the objection that the ordinary court lacks jurisdiction by reason of an arbitration agreement must be raised, on pain of forfeiture under art. 819-ter,…

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sentenza 29/06/2026

Court of Salerno, judgment of 29 June 2026, No. 3950

no. 3950 · Tribunale — Salerno

An arbitration clause in the articles of association referring to arbitrators disputes between the company and its shareholders concerning disposable rights relating to the corporate relationship applies where the disputed…

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sentenza 29/06/2026

Court of Verona, judgment of 29 June 2026, No. 1430

no. 1430 · Tribunale — Verona

A policy clause referring to a panel of doctors disagreements over the causes and nature of injuries and the consequences of an accident does not extend to questions of law,…

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decreto 29/06/2026

Court of Vicenza, decree of 29 June 2026 (R.G. 00002196/2026)

Tribunale — Vicenza

A dispute concerning the removal for just cause of the members of the board of statutory auditors cannot be referred to arbitration, given its public-law significance, since the removal resolution…

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decreto 29/06/2026

Court of Vicenza, decree of 29 June 2026 (R.G. 00002211/2026)

Tribunale — Vicenza

A dispute concerning the removal for just cause of the members of the board of statutory auditors cannot be referred to arbitration, given its public-law significance, since the removal resolution…

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