Italian Arbitration Case Law

ordinanza 08/08/2026

Court of Venezia, order of 8 August 2026 (R.G. 00006046/2026)

Tribunale — Venezia

The conferral on arbitrators of the power to grant interim measures, permitted by art. 818 cod. proc. civ., requires an express intention of the parties appearing from the arbitration agreement…

Read more

sentenza 07/08/2026

Court of Bari, judgment of 7 August 2026, No. 4537

no. 4537 · Tribunale — Bari

Where the articles of association provide for the option of resorting to a board of arbiters of honour (collegio dei probiviri), a distinction must be drawn between the case in…

Read more

ordinanza 07/08/2026

Court of Bologna, order of 7 August 2026 (R.G. 00016051/2025)

Tribunale — Bologna

The objection based on arbitration is subject to the regime governing defences on the merits which cannot be raised by the court of its own motion and must be raised…

Read more

sentenza 07/08/2026

Court of Latina, judgment of 7 August 2026, No. 1614

no. 1614 · Tribunale — Latina

An arbitration clause contained in a contract extends also to disputes relating to acts of performance of, supplemental to or connected with the original relationship, where these form part of…

Read more

ordinanza 07/08/2026

Court of Palmi, order of 7 August 2026 (R.G. 00000717/2026)

Tribunale — Palmi

The President of the Court, having ascertained that the statutory conditions are met, appoints upon a party's application the third, technically qualified arbitrator pursuant to art. 810 cod. proc. civ.…

Read more

sentenza 07/08/2026

Court of Rimini, judgment of 7 August 2026, No. 467

no. 467 · Tribunale — Rimini

The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an order for payment, since the rules governing arbitral proceedings make no provision…

Read more

ordinanza 07/08/2026

Court of Rimini, order of 7 August 2026 (R.G. 00002137/2025)

Tribunale — Rimini

The objection to jurisdiction based on an arbitration agreement or clause under art. 819 ter cod. proc. civ., whose regime for being raised is assimilated to that of the simple…

Read more

sentenza 06/08/2026

Court of Milano, judgment of 6 August 2026, No. 6590

no. 6590 · Tribunale — Milano

Characterising the clause as establishing arbitration entails the lack of jurisdiction of the ordinary court, whereas characterising it as establishing contractual arbitration (arbitrato irrituale) renders the claim inadmissible (improponibile). The…

Read more

sentenza 06/08/2026

Court of Appeal of Bari, judgment of 6 August 2026, No. 1052

no. 1052 · Corte di Appello — Bari

A declaration that the award is void by reason of the invalidity of the arbitration clause, founded on the arbitrators' complete lack of potestas iudicandi, requires the interested party to…

Read more

sentenza 06/08/2026

Court of Napoli Nord, judgment of 6 August 2026, No. 2802

no. 2802 · Tribunale — Napoli nord

There is a contractual expert determination (perizia contrattuale), and not an arbitration, whenever the parties refer to third parties chosen for their particular technical expertise not the resolution of a…

Read more

decreto 06/08/2026

Court of Torino, decree of 6 August 2026 (R.G. 00014371/2026)

Tribunale — Torino

The existence of an arbitration clause does not prevent a party from applying for and obtaining from the ordinary court an order for payment (decreto ingiuntivo) in respect of the…

Read more

ordinanza 05/08/2026

Court of Appeal of Roma, order of 5 August 2026 (R.G. 00001855/2021)

Corte di Appello — Roma

An application for a stay of the enforceability of an arbitral award brought in the ancillary proceedings under art. 373 cod. proc. civ. is inadmissible, since those proceedings may concern…

Read more