Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

3,666 catalogued decisions

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Italian Arbitration Case Law

sentenza

no. 4458 · Tribunale — Roma
The statutory arbitration clause of a housing cooperative applies exclusively to intra-corporate disputes. In the absence of an express statutory provision or of an autonomous clause in the assignment or…
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sentenza

no. 418 · Corte di Appello
The settled case law of the Court of Cassation excludes the resort to contractual arbitration (arbitrato irrituale) for public administrations. A clause providing for contractual arbitration (arbitrato irrituale) in contracts…
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sentenza

no. 314 · Corte di Appello
An arbitration clause contained in a construction contract covers contractual disputes, including those arising from the performance of the contract. A trustee in bankruptcy who pursues credits arising from the…
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sentenza

no. 642 · Corte di Appello
For the validity of arbitral proceedings, it is essential that the adversarial principle be respected, meaning that the parties must be afforded the opportunity to present their positions, examine evidence,…
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sentenza

no. 3089 · Tribunale — Brescia
A statutory arbitration clause devolving to arbitrators disputes between members does not apply where the claimant alleges a causa petendi different from the corporate contract. Conversely, a counterclaim based on…
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sentenza

no. 241 · Tribunale — Prato
Under Article 34(2) of Legislative Decree No. 5/2003 (applicable ratione temporis), the arbitration clause must confer the power to appoint all arbitrators upon a person external to the company, on…
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sentenza

no. 6927 · Cassazione
The arbitration clause for contractual arbitration (arbitrato irrituale) contained in a works contract does not extend to disputes concerning claims of an extra-contractual nature, such as those founded on art.…
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sentenza

no. 2549 · Tribunale — Bologna
Once an in-court agreement on the arbitration objection has been formed – through the opposing party’s acceptance of the objection raised by the claimant – the parties lose the power…
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ordinanza

no. 6858 · Cassazione
In the matter of arbitration in public works contracts governed by d.P.R. 1063/1962, the sixty-day time limit from the notification of the decision rejecting the reservations for bringing an arbitration…
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