Italian Arbitration Case Law

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

3,692 catalogued decisions

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Italian Arbitration Case Law

ordinanza

Tribunale — Siena
An application for pre-trial taking of evidence under Article 696 of the Code of Civil Procedure is inadmissible where arbitral proceedings are pending between the parties by virtue of an…
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sentenza

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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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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sentenza

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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sentenza

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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sentenza

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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sentenza

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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sentenza

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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sentenza

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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sentenza

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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