Italian Arbitration Case Law

sentenza 26/06/2026

Court of Appeal of Roma, judgment of 26 June 2026, No. 5538

no. 5538 · Corte di Appello — Roma

For the purpose of determining the admissibility of a challenge to an arbitral award on the ground of violation of rules of law concerning the merits, the law to which…

Read more

sentenza 26/06/2026

Court of Milano, judgment of 26 June 2026, No. 5315

no. 5315 · Tribunale — Milano

The question whether a dispute falls within the cognisance of arbitrators rather than the ordinary courts constitutes a question of competence and not of jurisdiction, in view of the jurisdictional…

Read more

ordinanza 26/06/2026

Supreme Court, order of 26 June 2026, N. 21867

no. 21867 · Cassazione

The challenge for nullity of the arbitral award pursuant to art. 829 cod. proc. civ. constitutes proceedings of limited review, which may be brought exclusively on the basis of specified…

Read more

ordinanza 26/06/2026

Court of Appeal of Roma, order of 26 June 2026 (R.G. 00002158/2026)

Corte di Appello — Roma

The suspension of the enforceability of an arbitral award pursuant to art. 830, co. 4, cod. proc. civ. requires the concurrent existence of a fumus boni iuris, to be assessed…

Read more

sentenza 26/06/2026

Court of Milano, judgment of 26 June 2026, No. 5324

no. 5324 · Tribunale — Milano

An arbitration clause contained in general conditions of contract incorporated by reference into a framework agreement extends to all disputes arising from specific contracts concluded in performance of that agreement,…

Read more

sentenza 26/06/2026

Court of Appeal of Venezia, judgment of 26 June 2026, No. 1490

no. 1490 · Corte di Appello — Venezia

A conflict of interests ecting the legal representatives of a party to arbitration proceedings does not constitute a violation of the right to adversarial proceedings within the meaning of art.…

Read more

sentenza 26/06/2026

Court of Nola, judgment of 26 June 2026, No. 2903

no. 2903 · Tribunale — Nola

An objection based on the existence of an arbitration clause or any other contractual derogation from the ordinary courts' jurisdiction is not available to be raised by the court of…

Read more

sentenza 26/06/2026

Court of Nola, judgment of 26 June 2026, No. 2924

no. 2924 · Tribunale — Nola

In public contracts, the vidity and effectiveness of an arbitration clause are conditional, pursuant to art. 241, para. 1, d.lgs. no. 163/2006, as amended by art. 1, para. 19, l.…

Read more

sentenza 25/06/2026

Court of Catania, judgment of 25 June 2026, No. 3101

no. 3101 · Tribunale — Catania

A contractual clause that merely states the parties' option to resort to arbitration for the resolution of disputes, without imposing an obligation to refer the dispute to arbitrators or providing…

Read more

sentenza 25/06/2026

Court of Catanzaro, judgment of 25 June 2026, No. 2704

no. 2704 · Tribunale — Catanzaro

A contractual clause whereby the parties to an insurance contract appoint one or more experts to give a technical assessment the extent of the consequences of an insured event, binding…

Read more

sentenza 25/06/2026

Court of Foggia, judgment of 25 June 2026, No. 1467

no. 1467 · Tribunale — Foggia

The existence of an arbitration agreement does not preclude a creditor from applying for and obtaining from the ordinary court an order for payment (decreto ingiuntivo), since the monitorio procedure…

Read more

sentenza 25/06/2026

Court of Marsala, judgment of 25 June 2026, No. 380

no. 380 · Tribunale — Marsala

A clause compromissoria referring all disputes arising from a contract for professional services to arbitration encompasses, by virtue of the interpretive canon in art. 808 quater cod. proc. civ., not…

Read more