Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

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Italian Arbitration Case Law

sentenza

no. 859 · Corte di Appello
The nullity of the substantive contract does not automatically entail the invalidity of the arbitration clause contained therein, which, by virtue of the principle of separability enshrined in Article 808…
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sentenza

no. 54 · Corte di Appello
An arbitration clause included in contracts relating to investment services and activities entered into with investors is binding only on the intermediary, unless the intermediary proves that it was the…
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decreto

Tribunale — Potenza
A decision rendered in contractual arbitration (arbitrato irrituale) constitutes written evidence sufficient for the purposes of issuing an order for payment under Article 634 of the Code of Civil Procedure,…
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sentenza

no. 81 · Tribunale — Catanzaro
An arbitration clause providing for the referral of disputes to arbitrators "in the manner and forms prescribed by law", without further specification or reference to specific rules, is incapable of…
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sentenza

no. 290 · Corte di Appello
The removal of an arbitration clause from the articles of association of a limited liability company (società a responsabilità limitata) constitutes a legitimate ground for the withdrawal of a shareholder…
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decreto

Tribunale — Monza
A support administrator (amministratore di sostegno), with the prior authorisation of the guardianship judge (giudice tutelare), has standing to appear in arbitral proceedings on behalf of the beneficiary where the…
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sentenza

no. 6 · Tribunale — Vercelli
A contractual clause referring to arbitration disputes concerning the performance, validity, and effectiveness of a settlement agreement (transazione), where the parties have not reached agreement in good faith, precludes the…
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decreto

Tribunale — Verona
In proceedings for the appointment of the sole arbitrator under Article 810 of the Code of Civil Procedure, the procedural inactivity of the applicant party, manifested in the failure to…
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sentenza

no. 68 · Tribunale — Vicenza
The unsuccessful party in arbitral proceedings who considers the award vitiated by error is required to challenge it by the appropriate remedies, and the failure to challenge constitutes conduct causally…
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sentenza

no. 91 · Tribunale — Reggio Calabria
Article 813-ter of the Code of Civil Procedure, which prohibits the commencement of court proceedings where arbitral proceedings between the same parties and having the same subject matter are pending,…
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sentenza

no. 130 · Tribunale — Taranto
An arbitration clause, in order to have a mandatory character derogating from the jurisdiction of the ordinary court, must provide for recourse to arbitral proceedings on an exclusive basis; otherwise,…
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