Italian Arbitration Case Law

ordinanza 16/03/2026

Supreme Court, order of 16 March 2026, N. 5951

no. 5951 · Cassazione

The absence of the operative part in the arbitral award constitutes a ground of nullity within the meaning of art. 829 co. 1 n. 5 cod. proc. civ.; however, the…

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ordinanza 16/03/2026

Supreme Court, order of 16 March 2026, N. 5952

no. 5952 · Cassazione

In the matter of corporate arbitration, art. 36 d.lgs. 5/2003, applicable to arbitral proceedings the subject matter of which is the validity of general meeting resolutions, provides for the challenge…

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ordinanza 16/03/2026

Supreme Court, order of 16 March 2026, N. 5953

no. 5953 · Cassazione

Compliance with the adversarial principle in arbitral proceedings, within the meaning of artt. 816-bis and 829 co. 1 n. 9 cod. proc. civ., must be assessed in substantive rather than…

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ordinanza 16/03/2026

Supreme Court, order of 16 March 2026, N. 5964

no. 5964 · Cassazione

In an appeal on points of law to the Court of Cassation against the judgment of the court of appeal ruling on the challenge of the arbitral award on the…

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ordinanza 15/03/2026

Supreme Court, order of 15 March 2026, N. 5824

no. 5824 · Cassazione

In public works contracts concluded in the Region of Sicily, the intention to refer disputes to arbitration cannot be inferred from a mere reference to the general conditions of contract…

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ordinanza 12/03/2026

Supreme Court, order of 12 March 2026, N. 5609

no. 5609 · Cassazione

Proceedings for the challenge of the arbitral award on the ground of nullity constitute proceedings of limited review, in which the requirement of specificity in the formulation of grounds applies;…

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ordinanza 12/03/2026

Supreme Court, order of 12 March 2026, N. 5610

no. 5610 · Cassazione

The occurrence of a ground for the winding up of a limited liability company, such as the expiry of its term of duration, does not bring about the extinction of…

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ordinanza 12/03/2026

Supreme Court, order of 12 March 2026, N. 5642

no. 5642 · Cassazione

In the case of a joint and several obligation on the passive side established by an arbitral award, the challenge of the award does not require the necessary participation of…

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ordinanza 11/03/2026

Supreme Court, order of 11 March 2026, N. 5508

no. 5508 · Cassazione

Art. 47 d.P.R. 1063/1962 (general conditions of contract for public works), in the version prior to the amendment introduced by art. 16 l. 741/1981, confers upon each party to a…

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ordinanza 11/03/2026

Supreme Court, order of 11 March 2026, N. 5512

no. 5512 · Cassazione

The defect of inconsistency in the arbitral award relevant for the purposes of art. 829 co. 1 n. 11 cod. proc. civ. exists only where there is a conflict between…

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sentenza 07/03/2026

Court of Catania, 7 March 2026, No. 1211

no. 1211 · Tribunale — Catania

An arbitration clause inserted in the articles of association of a limited liability company, while having effect as between the company and its members, cannot automatically extend to third parties,…

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sentenza 05/03/2026

Court of Messina, 5 March 2026, No. 426

no. 426 · Tribunale — Messina

An arbitration clause with a bipartite structure is not in principle incompatible with a plurality of parties, provided that a spontaneous grouping of the interests at stake into two homogeneous…

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