Italian Arbitration Case Law

sentenza 01/04/2026

Court of Rome, judgment of 1 April 2026, No. 5024

no. 5024 · Tribunale — Roma

The arbitration clause contained in a procurement contract also applies in respect of supplementary or amending instruments to the original contract which are in the nature of an addendum, inasmuch…

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decreto 01/04/2026

Court of Viterbo, decree of 1 April 2026

Tribunale — Viterbo

For the purposes of the judicial appointment of arbitrators under Article 810 of the Code of Civil Procedure, where the arbitration clause does not specify the number of arbitrators, the…

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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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sentenza 31/03/2026

Court of Bologna, judgment of 31 March 2026, No. 2827

no. 2827 · Tribunale — Bologna

Contractual arbitration (arbitrato irrituale) is of a contractual nature and the resulting award has contractual effect, with the consequence that the regime governing its challenge is set out in Article…

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sentenza 31/03/2026

Court of Appeal of Bologna, judgment of 31 March 2026, No. 932

no. 932 · Corte di Appello — Bologna

In company law matters, pursuant to Article 36 of Legislative Decree No. 5 of 2003, an arbitral award concerning the validity of shareholders' resolutions may be challenged for violation of…

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sentenza 30/03/2026

Court of Monza, judgment of 30 March 2026, No. 676

no. 676 · Tribunale — Monza

An arbitration clause contained in a framework agreement governing the terms of a sale of a going concern retains its effectiveness in respect of disputes relating to the subsequent notarial…

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sentenza 30/03/2026

Court of Palermo, judgment of 30 March 2026, No. 2222

no. 2222 · Tribunale — Palermo

The waiver of the right to invoke the arbitration clause in relation to a specific dispute does not entail a definitive and comprehensive waiver of the clause itself in respect…

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sentenza 30/03/2026

Court of Appeal of Brescia, judgment of 30 March 2026, No. 296

no. 296 · Corte di Appello — Brescia

The nullity of an arbitral award for contradictory provisions under Article 829(1)(11) of the Code of Civil Procedure presupposes an irreconcilable divergence between the reasoning underlying the decision and its…

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sentenza 30/03/2026

Court of Appeal of Catanzaro, judgment of 30 March 2026, No. 449

no. 449 · Corte di Appello — Catanzaro

Where contractual arbitration (arbitrato irrituale) is conducted by tribunals of mixed composition and a direct reference to professional legal fee schedules is not possible, the arbitrators' remuneration must be determined…

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ordinanza 30/03/2026

Court of Appeal of Turin, order of 30 March 2026

Corte di Appello — Torino

The suspension of the enforceability of an arbitral award under Article 830, last paragraph, of the Code of Civil Procedure requires a summary assessment both of the fumus boni iuris,…

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sentenza 30/03/2026

Court of Appeal of Venice, judgment of 30 March 2026, No. 683

no. 683 · Corte di Appello — Venezia

For arbitration agreements entered into after the coming into force of Legislative Decree No. 40 of 2006, the challenge of an arbitral award for violation of rules of law relating…

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