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. 425 · Corte di Appello
The arbitration clause that refers to contractual arbitration (arbitrato irrituale) but simultaneously attributes to the decision of the arbitral tribunal the nature of a "judgment" is ambiguous; in such case,…
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ordinanza

no. 3691 · Cassazione
In the field of contractual arbitration (arbitrato irrituale), the construction of the arbitration clause and the determination of the scope of the submission agreement are governed by the interpretive criteria…
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ordinanza

Tribunale — Bologna
In the presence of an arbitration clause that confers jurisdiction on the merits on arbitrators, the application for interim relief must be brought before the ordinary court that would have…
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sentenza

no. 108 · Tribunale — Locri
In the matter of partnerships, in the absence of an explicit statutory provision extending the arbitrability of corporate disputes to the heirs of a deceased member, the latter, even if…
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ordinanza

Tribunale — Modena
The pendency of arbitral proceedings with a hearing already scheduled constitutes an element capable of excluding the existence of the periculum in mora requirement for the granting of interim relief…
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sentenza

no. 2648 · Tribunale — Napoli
The arbitration clause contained in the articles of association of a cooperative or consortium company, which provides for the referral to arbitrators of all disputes arising from the corporate relationship,…
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ordinanza

Tribunale — Trento
The existence of an arbitration clause in the articles of association, which mandatorily refers to arbitration disputes between members and the company arising from the corporate relationship, results in the…
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ordinanza

Tribunale — Venezia
An application for a pre-action conservatory attachment may be brought before the ordinary court, by way of interim relief, prior to the commencement of the arbitral proceedings provided for by…
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ordinanza

Tribunale — Benevento
In the interpretation of an arbitration clause, in order to distinguish between arbitration and contractual arbitration (arbitrato irrituale), the clause must be interpreted with reference to the literal text, the…
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