Italian Arbitration Case Law

sentenza 29/06/2026

Court of Appeal of Salerno, judgment of 29 June 2026, No. 885

no. 885 · Corte di Appello — Salerno

A broadly worded arbitration clause referring to arbitrators every dispute relating to the contract, including disputes concerning its validity, interpretation, performance and termination, covers a claim for payment of the…

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sentenza 29/06/2026

Court of Appeal of L’Aquila, judgment of 29 June 2026, No. 741

no. 741 · Corte di Appello — L'aquila

A provision that does not contain the parties' express waiver of the ordinary courts' jurisdiction, and that conflicts with another clause of the same agreement reserving to a party the…

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ordinanza 27/06/2026

Supreme Court, order of 27 June 2026, N. 22073

no. 22073 · Cassazione

In the matter of the challenge of the arbitral award, the provisions of arts. 347, co. 3, cod. proc. civ. and 123-bis disp. att. cod. proc. civ. concerning the transmission…

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sentenza 26/06/2026

Court of Appeal of Milano, judgment of 26 June 2026, No. 2018

no. 2018 · Corte di Appello — Milano

An action to set aside an arbitral award does not constitute an ordinary appeal: the court is not called upon to confirm or reform a first-instance decision but to verify…

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sentenza 26/06/2026

Court of Appeal of Palermo, judgment of 26 June 2026, No. 1865

no. 1865 · Corte di Appello — Palermo

Disputes in corporate matters are, as a general rule, capable of being referred to arbitration, with the exception of those concerning the interests of the company itself or relating to…

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sentenza 26/06/2026

Court of Bologna, judgment of 26 June 2026, No. 5217

no. 5217 · Tribunale — Bologna

The right of arbitrators to receive remuneration for work performed arises from the effective completion of the mandate conferred upon them in the context of the agency relationship with the…

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sentenza 26/06/2026

Court of Appeal of Roma, judgment of 26 June 2026, No. 5484

no. 5484 · Corte di Appello — Roma

Proceedings to set aside an arbitral award are subject to limited grounds of challenge, admissible only for specific procedural errors or for non-compliance with rules of law within the limits…

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sentenza 26/06/2026

Court of Bologna, judgment of 26 June 2026, No. 5229

no. 5229 · Tribunale — Bologna

In contractual arbitration (arbitrato irrituale), the arbitrators' self-assessmenof fees does not bind the parties, since it constitutes a contractual offer without binding force in the absence of acceptance; in such…

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sentenza 26/06/2026

Court of Appeal of Roma, judgment of 26 June 2026, No. 5486

no. 5486 · Corte di Appello — Roma

In proceedings to set aside an arbitral award, which are subject to limited grounds of challenge within the limits established by art. 829 cod. proc. civ., the rule requiring specificity…

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sentenza 26/06/2026

Court of Catania, judgment of 26 June 2026, No. 3138

no. 3138 · Tribunale — Catania

An arbitration clau contained in a contract may be validly abrogated and replaced by a jurisdiction clause conferring cognisance upon the ordinary courts, if that clause is contained in a…

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sentenza 26/06/2026

Court of Appeal of Roma, judgment of 26 June 2026, No. 5538

no. 5538 · Corte di Appello — Roma

For the purpose of determining the admissibility of a challenge to an arbitral award on the ground of violation of rules of law concerning the merits, the law to which…

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sentenza 26/06/2026

Court of Milano, judgment of 26 June 2026, No. 5315

no. 5315 · Tribunale — Milano

The question whether a dispute falls within the cognisance of arbitrators rather than the ordinary courts constitutes a question of competence and not of jurisdiction, in view of the jurisdictional…

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