Italian Arbitration Case Law

ordinanza 26/02/2026

Court of Appeal of Milan, order of 26 February 2026

Corte di Appello

For the purposes of staying the enforceability of an arbitral award challenged pursuant to Article 829 of the Code of Civil Procedure, it is necessary to verify both the fumus…

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sentenza 26/02/2026

Court of Appeal of Naples, 26 February 2026, No. 1541

no. 1541 · Corte di Appello

The objection that the dispute should be referred to arbitration, based on an arbitration clause, constitutes a defence in the strict sense having as its object the assertion of a…

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sentenza 26/02/2026

Court of Appeal of Rome, 26 February 2026, No. 1615

no. 1615 · Corte di Appello

An arbitration clause which refers to arbitration disputes relating to the interpretation or performance of the contract, in the absence of an express contrary intention, confers upon arbitral jurisdiction exclusively…

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ordinanza 26/02/2026

Court of Bologna, order of 26 February 2026

Tribunale — Bologna

Where a conflict of interest exists on the part of a party to arbitral proceedings, the appointment of a special curator (curatore speciale) pursuant to Articles 78 et seq. of…

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ordinanza 26/02/2026

Supreme Court, order of 26 February 2026, N. 4417

no. 4417 · Cassazione

Where the challenge for annulment of a ritual arbitral award is brought before the court of first instance rather than the court of appeal, the principle of transfer of proceedings…

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ordinanza 26/02/2026

Court of Appeal of Florence, order of 26 February 2026

Corte di Appello

Arbitration concerning the challenge of board resolutions is of a ritual nature pursuant to Article 838 quater of the Code of Civil Procedure, even where the arbitration clause provides for…

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ordinanza 26/02/2026

Supreme Court, order of 26 February 2026, N. 4418

no. 4418 · Cassazione

The challenge of an arbitral award for annulment under art. 829 cod. proc. civ. is a form of limited review, being admissible exclusively on the grounds exhaustively listed in the…

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sentenza 25/02/2026

Court of Naples, 25 February 2026, No. 3188

no. 3188 · Tribunale — Napoli

An arbitration clause contained in a company's articles of association which does not confer the power to appoint all the arbitrators on a person extraneous to the company, as required…

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sentenza 25/02/2026

Court of Appeal of Ancona, 25 February 2026, No. 204

no. 204 · Corte di Appello

In proceedings to set aside an arbitral award pursuant to Article 829 of the Code of Civil Procedure, where the arbitral tribunal bases its decision on a plurality of autonomous…

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sentenza 25/02/2026

Court of Pavia, 25 February 2026, No. 167

no. 167 · Tribunale — Pavia

The inclusion of an arbitration clause does not preclude recourse to summary proceedings for the obtaining of an order for payment, since the objection of arbitration is not capable of…

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sentenza 25/02/2026

Court of Appeal of Rome, 25 February 2026, No. 1589

no. 1589 · Corte di Appello

Third-party opposition to an arbitral award, pursuant to Article 404 of the Code of Civil Procedure, is admissible exclusively where the opponent has an original interest in the arbitral dispute,…

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sentenza 25/02/2026

Court of L’Aquila, 25 February 2026, No. 364

no. 364 · Tribunale — L'Aquila

An arbitration clause contained in the articles of association referring to arbitrators disputes between shareholders and between them and the company has a scope of application limited to the content…

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