Italian Arbitration Case Law

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

3,692 catalogued decisions

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Italian Arbitration Case Law

ordinanza

Tribunale — Messina
Under Article 808(2) of the Code of Civil Procedure, the validity of the arbitration clause must be assessed autonomously in relation to the contract to which it refers. The arbitration…
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ordinanza

no. 7366 · Cassazione
Following the reform introduced by d.lgs. 40/2006, in the absence of a clear derogatory intention of the parties directed at establishing a contractual arbitration (arbitrato irrituale), a referral to arbitrators…
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sentenza

no. 2574 · Tribunale — Milano
The arbitration objection raised before the ordinary court poses a question pertaining to the merits, not to jurisdiction or competence. The effect of the arbitration clause consists in a waiver…
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sentenza

no. 5009 · Tribunale — Napoli
A statutory arbitration clause, while binding in respect of actions for liability brought by the members or the company in the ordinary course of business, cannot be relied on against…
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ordinanza

Tribunale — Perugia
Following the reform introduced by Legislative Decree No. 149/2022 (Cartabia Reform), Article 818 of the Code of Civil Procedure now allows parties to confer upon arbitrators the power to grant…
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sentenza

no. 251 · Tribunale — Reggio Emilia
An arbitration agreement produces a positive effect – conferring upon the arbitrator the power to decide the dispute in a binding manner – and a negative effect – precluding the…
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sentenza

no. 4658 · Tribunale — Roma
A medical arbitration clause which exclusively entrusts a medical panel with the decision on disagreements about the extent of injuries constitutes an unfair term, as it precludes the insured consumer’s…
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ordinanza

Corte di Appello
For the purposes of challenging an award, ‘public policy’ whose violation justifies the challenge under Article 829(3), second sentence, of the Code of Civil Procedure means exclusively the fundamental and…
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sentenza

no. 2546 · Corte di Appello
Situations of incompatibility capable of compromising the impartiality of arbitrators must be raised by means of a recusal application under Article 815 of the Code of Civil Procedure within the…
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