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. 126 · Corte di Appello
The challenge to an arbitral award on grounds of nullity constitutes a challenge limited to specified grounds, structured in a dual rescinding and substitutive phase (fase rescindente e rescissoria), the…
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sentenza

no. 1138 · Tribunale — Brescia
The plea of arbitration raised before the ordinary court, notwithstanding that the dispute has been referred to arbitrators, raises a question that goes to the merits and not to jurisdiction…
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sentenza

no. 178 · Tribunale — Cagliari
An arbitration clause that refers to arbitration "all disputes" relating to a contract encompasses claims for payment arising from the performance of that contract, absent an express provision to the…
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sentenza

no. 46 · Tribunale — Ravenna
An arbitration clause that confers on an arbitral tribunal jurisdiction over disputes arising from the application of a set of regulations does not apply to an action for specific performance…
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ordinanza

Tribunale — Spoleto
Where the arbitration agreement provides that the appointment of arbitrators is to be made by a designated third party and that party fails to act within the prescribed time limit…
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ordinanza

Tribunale — Terni
The determination of costs and fees made directly by the arbitrators pursuant to Article 814(2) of the Code of Civil Procedure has the value of a mere contractual offer, which…
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sentenza

no. 87 · Tribunale — Trani
In continuing legal relationships, the binding effect of the arbitral award that has acquired res judicata force in respect of the determination of a present situation is limited by the…
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sentenza

no. 691 · Tribunale — Venezia
A statutory arbitration clause that expressly limits its scope to disputes relating to the interpretation and application of the company contract does not extend to liability actions brought against a…
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sentenza

no. 1189 · Tribunale — Napoli
An arbitration clause contained in the articles of association of a cooperative society, which submits to the cognisance of institutional arbitrators disputes arising between members or between members and the…
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sentenza

no. 457 · Tribunale — Catania
Arbitration clauses contained in the articles of association are valid and binding in respect of disputes relating to the validity of shareholders' resolutions, provided that they do not concern rights…
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sentenza

no. 49 · Tribunale — Vasto
The objection to the jurisdiction of the ordinary court based on the existence of an arbitration clause cannot be raised by the court of its own motion and must be…
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ordinanza

Tribunale — Caltagirone
An arbitration clause contained in a contract is enforceable against the receiver in bankruptcy (curatore fallimentare) or the liquidation commissioner (commissario liquidatore) of insolvency proceedings when these act to enforce…
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