Italian Arbitration Case Law

sentenza 25/08/2026

Court of Napoli, judgment of 25 August 2026, No. 12019

no. 12019 · Tribunale — Napoli

An award which merely declares that the debt is not yet due does not establish that the debt does not exist or that the corresponding obligation is lacking, so that…

Read more

sentenza 25/08/2026

Court of Varese, judgment of 25 August 2026, No. 481

no. 481 · Tribunale — Varese

An arbitration clause which is neither specifically approved in writing nor the subject of specific individual negotiation cannot be held validly operative, with the consequent dismissal of the objection that…

Read more

sentenza 25/08/2026

Court of Vibo Valentia, judgment of 25 August 2026, No. 636

no. 636 · Tribunale — Vibo Valentia

The arbitration is contractual arbitration (arbitrato irrituale) where, having regard to the specific and clear undertaking of the parties to treat the award as final and binding in the same…

Read more

ordinanza 24/08/2026

Court of Cuneo, order of 24 August 2026 (R.G. 00001796/2024)

Tribunale — Cuneo

Art. 819 ter cod. proc. civ. assimilates the question of whether the dispute falls within arbitral jurisdiction to a question of jurisdiction (competenza), subject to the regime proper to the…

Read more

sentenza 21/08/2026

Court of Appeal of Roma, judgment of 21 August 2026, No. 6251

no. 6251 · Corte di Appello — Roma

Arbitration clauses included in public service concession agreements concluded before the entry into force of the rules which removed the prohibition on referring the relevant disputes to arbitrators are void,…

Read more

ordinanza 20/08/2026

Court of Foggia, order of 20 August 2026 (R.G. 00003630/2026)

Tribunale — Foggia

The court retains jurisdiction over applications for interim relief even where the proceedings on the merits are referred to arbitral jurisdiction, save where the parties have expressly conferred on the…

Read more

sentenza 19/08/2026

Court of Bari, judgment of 19 August 2026, No. 4565

no. 4565 · Tribunale — Bari

The making of the claim in the arbitral proceedings interrupts the running of the limitation period in respect of the right asserted, which may subsequently be pursued before the ordinary…

Read more

sentenza 18/08/2026

Court of Bari, judgment of 18 August 2026, No. 4562

no. 4562 · Tribunale — Bari

The commencement of arbitral proceedings interrupts the running of the limitation period in respect of the right asserted in the arbitration, as does an extra-judicial demand addressed to the other…

Read more

decreto 17/08/2026

Court of Macerata, decree of 17 August 2026 (R.G. 00002385/2026)

Tribunale — Macerata

On an application founded on an arbitration clause in the articles of association the President of the Court appoints, pursuant to art. 810 cod. proc. civ., the members of the…

Read more

sentenza 15/08/2026

Court of Firenze, judgment of 15 August 2026, No. 4205

no. 4205 · Tribunale — Firenze

The making, by the party entitled to rely on the arbitration clause, of an application for an order for payment relating to the same contract amounts to an unequivocal waiver…

Read more

sentenza 14/08/2026

Court of Appeal of Roma, judgment of 14 August 2026, No. 6225

no. 6225 · Corte di Appello — Roma

Art. 829, co. 3, cod. proc. civ., as recast in 2006, applies to all arbitrations commenced after the entry into force of the reform, but, in order to establish whether…

Read more

sentenza 14/08/2026

Court of Ancona, judgment of 14 August 2026, No. 1539

no. 1539 · Tribunale — Ancona

An arbitration clause contained in the company's articles of association does not apply to an action for liability brought by the officer of the insolvency procedure against the directors and…

Read more