Italian Arbitration Case Law

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

3,666 catalogued decisions

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Italian Arbitration Case Law

sentenza

no. 315 · Tribunale — Cassino
The ordinary court has jurisdiction to issue an order for payment notwithstanding the existence of an arbitration clause; however, where opposition to the order for payment is filed and the…
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no. 2497 · Tribunale — Venezia
A timely filed request for arbitration does not prevent the running of the time bar prescribed for the challenge of a shareholders' meeting resolution pursuant to Article 2388(4) of the…
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no. 1562 · Tribunale — Milano
In the case of contractual arbitration (arbitrato irrituale), the question of the existence of a valid arbitration agreement concerns the admissibility of the claim and constitutes a preliminary issue on…
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no. 2880 · Tribunale — Venezia
Disputes concerning the challenge of shareholders' meeting resolutions and liability actions against directors may be referred to arbitration by means of an arbitration clause contained in the articles of association,…
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no. 2907 · Tribunale — Napoli
A derivative action for liability brought against the directors of a limited liability company pursuant to Article 2476 of the Civil Code may validly be the subject of an arbitration…
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no. 379 · Tribunale — Verona
An arbitral award which orders one party to pay a sum and simultaneously authorises set-off between the respective claims of the parties implicitly finds, in light of the reasoning, the…
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no. 1487 · Tribunale — Milano
The plea of arbitration raised by a third party who has intervened by way of dependent ancillary intervention (intervento adesivo dipendente), having entered an appearance after the time limit under…
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no. 73 · Tribunale — Verbania
The agreement for contractual arbitration (arbitrato irrituale) implies a waiver by the contracting parties of their right to judicial protection, with the consequence that the claim brought before the ordinary…
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no. 1011 · Tribunale — Torino
Where the parties enter into a subsequent contract that expressly provides for the full replacement with novatory effect of all prior understandings and agreements, and such contract contains a clause…
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no. 124 · Tribunale — Ravenna
An arbitration clause contained in the deed of incorporation of a partnership is affected by nullity pursuant to Article 838-bis, paragraph 2, of the Code of Civil Procedure, where it…
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