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

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. 214 · Tribunale — Modena
In the presence of an arbitration clause, the court seized in proceedings opposing a payment order must declare its lack of jurisdiction pursuant to Article 819-ter of the Code of…
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sentenza

no. 1504 · Tribunale — Milano
In the matter of an arbitration clause included among the general terms and conditions of a contract, the nullity arising from the lack of specific written approval pursuant to Article…
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sentenza

no. 1255 · Tribunale — Palermo
The arbitration clause constitutes a form of conventional derogation from the jurisdiction of the state court and takes the form of a plea of lack of jurisdiction ratione materiae or…
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ordinanza

Tribunale — Roma
The arbitration clause contained in the articles of association is not applicable to the liability action brought by the liquidator in judicial liquidation proceedings against the directors pursuant to Article…
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sentenza

no. 268 · Tribunale — Vicenza
The existence of an arbitration clause does not preclude the application for and obtaining of a payment order from the ordinary court for the claim arising from the contract, without…
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sentenza

no. 1141 · Tribunale — Bari
In the matter of arbitration and summary proceedings for payment, the existence of an arbitration clause does not prevent the creditor from applying for and obtaining a payment order from…
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sentenza

no. 827 · Tribunale — Genova
The liability action brought by a member against the directors of a company, aimed exclusively at obtaining a declaration of liability and damages without a claim for the invalidity of…
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sentenza

no. 411 · Corte di Appello
The arbitration agreement, whether for arbitration or contractual arbitration (arbitrato irrituale), requires written form as a condition of validity (ad substantiam). The absence of proof of an arbitration clause in…
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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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