Italian Arbitration Case Law

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

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Italian Arbitration Case Law

sentenza

no. 421 · Tribunale — Perugia
An arbitration clause is to be classified as providing for arbitration, and not contractual arbitration (arbitrato irrituale), where it lacks elements univocally indicative of the latter and contains expressions such…
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sentenza

no. 102 · Tribunale — Rieti
The arbitration clause provided for by the by-laws of sports federations, referring to contractual arbitration (arbitrato irrituale) disputes of a purely pecuniary nature originating from sporting or associative activities between…
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sentenza

no. 1449 · Tribunale — Salerno
In the absence of an express contrary intention, an arbitration clause must be interpreted in the sense of conferring on the arbitral tribunal jurisdiction over all disputes relating to claims…
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sentenza

no. 1367 · Tribunale — Torino
An arbitration clause contained in a contract does not extend its effect to disputes relating to other contracts entered into between the same parties, even if connected to the main…
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ordinanza

Tribunale — Venezia
Arbitration, being jurisdictional in nature and substituting for the function of the ordinary courts, means that the objection of an arbitration agreement gives rise to a question of jurisdiction; contractual…
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sentenza

no. 344 · Tribunale — Vicenza
An arbitration clause contained in a validly concluded contract entails the lack of jurisdiction of the state court in respect of disputes relating to the performance of that contract, conferring…
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sentenza

no. 1846 · Tribunale — Milano
The objection of arbitration constitutes a question of lack of jurisdiction of the state court which must be examined as a matter of law pursuant to Article 819 ter of…
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ordinanza

Tribunale — Napoli
Where a company must be a defendant or must be joined as a necessary party in arbitral proceedings concerning the challenge of shareholders' meeting resolutions appointing its governing body vested…
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sentenza

no. 1785 · Tribunale — Milano
The objection of lack of jurisdiction of the ordinary court based on the existence of an arbitration agreement constitutes an objection that cannot be raised by the court of its…
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ordinanza

no. 4671 · Cassazione
The plea of contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction but rather a question on the merits pertaining to the admissibility of the claim; it follows…
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sentenza

no. 854 · Tribunale — Nola
An arbitration clause does not preclude the issue of an order for payment by the ordinary court, given that proceedings for an order for payment are conducted without a hearing…
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sentenza

no. 175 · Corte di Appello
Area Waste Authorities (Autorità d'Ambito) established in the form of publicly held companies, as forms of aggregation between local authorities for the management of waste collection and disposal services, cannot…
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