Italian Arbitration Case Law

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 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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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…

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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…

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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…

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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…

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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…

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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…

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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),…

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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…

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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…

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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…

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