Italian Arbitration Case Law

ordinanza 08/04/2026

Supreme Court, order of 8 April 2026, N. 8790

no. 8790 · Cassazione

The challenge of the arbitral award for breach of rules of law relating to the merits of the dispute is inadmissible where the arbitration clause was concluded after the entry…

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sentenza 08/04/2026

Court of Appeal of Milan, judgment of 8 April 2026, No. 1008

no. 1008 · Corte di Appello — Milano

An informal arbitral award, being an expression of a negotiated resolution of the dispute referable to the will of the parties, may be challenged both for exceeding the limits of…

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ordinanza 08/04/2026

Supreme Court, order of 8 April 2026, N. 8863

no. 8863 · Cassazione

The interpretation of the arbitration clause contained in a works contract or in the special conditions, for the purposes of characterising the arbitration as arbitration or as contractual arbitration (arbitrato…

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sentenza 08/04/2026

Court of Appeal of Rome, judgment of 8 April 2026, No. 2829

no. 2829 · Corte di Appello — Roma

A challenge to an arbitral award rendered in respect of the liability of company directors, brought under Article 829 of the Code of Civil Procedure, requires the court of appeal…

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sentenza 08/04/2026

Court of Ancona, judgment of 8 April 2026, No. 692

no. 692 · Tribunale — Ancona

An arbitration clause, in the absence of an express contrary intention, must be interpreted as referring to arbitral jurisdiction all disputes arising from claims whose causa petendi lies in the…

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sentenza 08/04/2026

Court of Bari, judgment of 8 April 2026, No. 2172

no. 2172 · Tribunale — Bari

The objection of lack of jurisdiction on account of an arbitration agreement must be raised, on pain of forfeiture, in the statement of defence, pursuant to Article 819-ter of the…

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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 07/04/2026

Court of Florence, judgment of 7 April 2026, No. 846

no. 846 · Tribunale — Firenze

An informal arbitral award has contractual and not jurisdictional effect; it may be set aside only on the exhaustive grounds laid down in Article 808-ter of the Code of Civil…

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sentenza 07/04/2026

Court of Siena, judgment of 7 April 2026, No. 198

no. 198 · Tribunale — Siena

An arbitration clause contained in a contract is deemed to have been implicitly waived by the parties through facta concludentia where both parties have had recourse to the ordinary courts…

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sentenza 07/04/2026

Court of Tempio Pausania, judgment of 7 April 2026, No. 164

no. 164 · Tribunale — Tempio pausania

A clause in the articles of an association providing for the referral of disputes to a board of arbiters (probiviri) who shall decide according to equity and without procedural formalities…

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sentenza 07/04/2026

Court of Trieste, judgment of 7 April 2026, No. 797

no. 797 · Tribunale — Trieste

An arbitration clause contained in a company's articles of association, referring to arbitration disputes between shareholders or between shareholders and the company concerning available rights relating to the corporate relationship,…

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sentenza 04/04/2026

Court of Ancona, judgment of 4 April 2026, No. 683

no. 683 · Tribunale — Ancona

An arbitration clause contained in a business lease agreement prevails over the jurisdiction of the ordinary courts even in eviction proceedings for non-payment, with the consequence that, upon closure of…

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