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. 280 · Tribunale — Nola
An arbitration clause contained in the condominium regulations, even where included in regulations drawn up by the original owner of the building, is contractual in nature since it affects the…
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sentenza

no. 141 · Tribunale — Padova
An arbitration clause contained in the articles of association of an association ceases to produce effects in respect of a person who has withdrawn from the associative relationship, and does…
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sentenza

no. 50 · Tribunale — Pesaro
An arbitration clause contained in a contract produces effects exclusively with respect to disputes relating to the contractual relationship to which it pertains and does not extend to disputes relating…
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sentenza

no. 99 · Tribunale — Avellino
Contractual arbitration (arbitrato irrituale) is characterised by the fact that the parties intend to entrust the resolution of disputes to the arbitrators through a contractual mechanism, by means of an…
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ordinanza

Tribunale — Padova
In the case of corporate arbitration provided for by a provision of the articles of association pursuant to Articles 838-bis et seq. of the Code of Civil Procedure, the president…
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sentenza

no. 100 · Tribunale — Ragusa
The activity of institutional arbitrators is of a jurisdictional nature and substitutes for the function of the ordinary courts, so that the question whether a dispute falls within the cognisance…
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ordinanza

Corte di Appello
For the purposes of characterising the nature of the arbitration as institutional or contractual (arbitrato irrituale), the primary interpretive criterion is the literal wording of the arbitration clause, whereas recourse…
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sentenza

no. 962 · Tribunale — Napoli
A contractual arbitration award (lodo irrituale) and an expert determination (perizia contrattuale), having a contractual nature quoad effectum and performing the function of substituting the will of the parties, are…
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sentenza

no. 1747 · Tribunale — Roma
The determinations of a technical body to which the parties have contractually attributed the value of a contractual award (lodo contrattuale) are binding and may be challenged exclusively by means…
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sentenza

no. 760 · Tribunale — Brescia
A party that has expressly waived the objection to the jurisdiction of the ordinary courts based on the existence of an arbitration clause may not subsequently re-raise the same objection,…
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