Italian Arbitration Case Law

ordinanza 04/04/2026

Court of Milan, order of 4 April 2026

Tribunale — Milano

The expression by an arbitrator of the intention to seek authorisation to abstain from the engagement does not, in itself, constitute a renunciation of the arbitral mandate, and must be…

Read more

sentenza 03/04/2026

Court of Appeal of Florence, judgment of 3 April 2026, No. 1510

no. 1510 · Corte di Appello — Firenze

The heirs of a deceased member who have not themselves become members of the company may not rely on the statutory arbitration clause, which binds only those persons who hold…

Read more

ordinanza 03/04/2026

Supreme Court, order of 3 April 2026, N. 8374

no. 8374 · Cassazione

The challenge for nullity of the arbitral award pursuant to art. 829 cod. proc. civ. constitutes proceedings of limited review, in which the Court of Appeal may not make findings…

Read more

sentenza 03/04/2026

Court of Florence, judgment of 3 April 2026, No. 1868

no. 1868 · Tribunale — Firenze

An arbitration clause referring to disputes arising from the interpretation and performance of the contract must be given a broad construction, encompassing every dispute whose causa petendi lies in the…

Read more

sentenza 03/04/2026

Court of Pisa, judgment of 3 April 2026, No. 371

no. 371 · Tribunale — Pisa

A contractual arbitral award may be challenged exclusively on grounds pertaining to the expression of contractual intent, such as mistake, duress, fraud or incapacity, and any challenge on the basis…

Read more

sentenza 03/04/2026

Court of Treviso, judgment of 3 April 2026, No. 457

no. 457 · Tribunale — Treviso

An arbitration clause does not preclude recourse to summary proceedings for an order for payment before the ordinary courts, as the arbitrator may not issue such an order; however, in…

Read more

sentenza 02/04/2026

Court of Bari, judgment of 2 April 2026, No. 2074

no. 2074 · Tribunale — Bari

The nullity of the arbitration clause, declared by a judgment that has become final, entails the inapplicability of the arbitration agreement pursuant to Article 830(3) of the Code of Civil…

Read more

decreto 02/04/2026

Court of Pescara, decree of 2 April 2026

Tribunale — Pescara

The special procedure for the assessment of arbitrators' costs and fees provided for by Article 814 of the Code of Civil Procedure does not apply to contractual arbitration (arbitrato irrituale),…

Read more

sentenza 01/04/2026

Court of Appeal of Milan, judgment of 1 April 2026, No. 970

no. 970 · Corte di Appello — Milano

The nullity of an arbitral award for contradictory provisions under Article 829(1)(11) of the Code of Civil Procedure requires an irreconcilability between the reasoning and the operative part, or between…

Read more

ordinanza 01/04/2026

Supreme Court, order of 1 April 2026, N. 8140

no. 8140 · Cassazione

The arbitral award, pursuant to art. 824-bis cod. proc. civ., is jurisdictional in nature and produces, from the date of its last signature, the effects of a judgment delivered by…

Read more

sentenza 01/04/2026

Court of Florence, judgment of 1 April 2026, No. 1818

no. 1818 · Tribunale — Firenze

In contractual arbitration (arbitrato irrituale), the violation of the principle of due process does not take the form of a procedural defect but of a breach of the mandate agreement,…

Read more

sentenza 01/04/2026

Court of Rome, judgment of 1 April 2026, No. 5019

no. 5019 · Tribunale — Roma

An arbitration clause referring disputes arising from the contract to the jurisdiction of an arbitral tribunal entails, in opposition proceedings against an order for payment, the revocation of that order…

Read more