Italian Arbitration Case Law

sentenza 13/04/2026

Supreme Court, 13 April 2026, N. 9366

no. 9366 · Cassazione

In the matter of the challenge of the arbitral award, the requirement of identifying the rules of law alleged to have been breached, prescribed by art. 829 co. 3 cod.…

Read more

sentenza 13/04/2026

Court of Siena, judgment of 13 April 2026, No. 205

no. 205 · Tribunale — Siena

An arbitration clause referring to arbitration disputes concerning the validity, application, performance and interpretation of the contract also extends to disputes relating to breach or termination of the same contract,…

Read more

decreto 13/04/2026

Court of Venice, decree of 13 April 2026 (R.G. 00001451/2026)

Tribunale — Venezia

Under art. 810(4) cod. proc. civ., the president of the court appoints the arbitrator by decree, without the need to summon the parties, where it appears that the arbitration agreement…

Read more

ordinanza 12/04/2026

Supreme Court, order of 12 April 2026, N. 9217

no. 9217 · Cassazione

In the matter of arbitration, the inconsistency of the arbitral award referred to in art. 829 co. 1 n. 11 cod. proc. civ., for the purposes of permitting a challenge…

Read more

sentenza 11/04/2026

Court of Appeal of Trieste, judgment of 11 April 2026, No. 88

no. 88 · Corte di Appello — Trieste

A judgment by which the ordinary court declares the claim inadmissible on the ground that jurisdiction lies with the arbitrators does not bind the arbitrators as to the legal existence…

Read more

sentenza 10/04/2026

Court of La Spezia, judgment of 10 April 2026, No. 209

no. 209 · Tribunale — La Spezia

An informal arbitral award, being the product of the parties' free exercise of contractual autonomy and having legal effects referable to the contractual sphere, may be reviewed by the ordinary…

Read more

sentenza 10/04/2026

Court of Milan, judgment of 10 April 2026, No. 3029

no. 3029 · Tribunale — Milano

An arbitration clause in condominium rules providing for the appointment of arbitrators by a majority of the co-owners is void, as it conflicts with the mandatory principle, applicable to both…

Read more

sentenza 10/04/2026

Court of Milan, judgment of 10 April 2026, No. 3043

no. 3043 · Tribunale — Milano

In contracts concluded with consumers, an arbitration clause, as a clause establishing a derogation from the jurisdiction of the ordinary courts, is presumed unfair until the contrary is proved under…

Read more

sentenza 10/04/2026

Court of Appeal of Trieste, judgment of 10 April 2026, No. 85

no. 85 · Corte di Appello — Trieste

A partial challenge to an arbitral award is admissible under Article 830, paragraph 1, of the Code of Civil Procedure where the challenged part of the award is severable from…

Read more

decreto 09/04/2026

Court of Treviso, decree of 9 April 2026

Tribunale — Treviso

For the purposes of the proceedings under Article 810 of the Code of Civil Procedure, only the identification of the parties to the contract containing the arbitration clause is relevant;…

Read more

ordinanza 09/04/2026

Court of Appeal of Campobasso, order of 9 April 2026

Corte di Appello — Campobasso

An arbitral tribunal that raises an issue of its own motion, such as the termination of the contract by mutual consent, without submitting the issue to the parties and without…

Read more

sentenza 09/04/2026

Court of Appeal of Lecce, judgment of 9 April 2026, No. 358

no. 358 · Corte di Appello — Lecce

In arbitration concerning public contracts, the constitution of the arbitral tribunal must comply with the forms prescribed by Article 209 of Legislative Decree No. 50/2016, which provides that the tribunal…

Read more