Italian Arbitration Case Law

ordinanza 05/08/2026

Court of Roma, order of 5 August 2026 (R.G. 00015364/2026)

Tribunale — Roma

Where an arbitration clause exists, before the acceptance of office by the sole arbitrator or the constitution of the arbitral tribunal an application for interim relief is to be made…

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decreto 05/08/2026

Court of Siracusa, decree of 5 August 2026 (R.G. 00002752/2026)

Tribunale — Siracusa

In order-for-payment proceedings brought against a consumer the court must examine of its own motion whether the terms relevant to the subject matter of the claim are unfair, including arbitration…

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decreto 05/08/2026

Court of Siracusa, decree of 5 August 2026 (R.G. 00002753/2026)

Tribunale — Siracusa

The scrutiny of its own motion of the unfairness of contract terms, required of the court in order-for-payment proceedings against a consumer, extends also to ascertaining whether arbitration clauses exist…

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decreto 05/08/2026

Court of Siracusa, decree of 5 August 2026 (R.G. 00002751/2026)

Tribunale — Siracusa

In order-for-payment proceedings against a consumer the court must, within the summary examination compatible with that procedure, verify whether the relationship relied upon contains arbitration clauses derogating from the jurisdiction…

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decreto 05/08/2026

Court of Treviso, decree of 5 August 2026 (R.G. 00002668/2026)

Tribunale — Treviso

Where the articles of association confer on the arbitral tribunal jurisdiction over a challenge to the resolution excluding a shareholder and refer all disputes relating to corporate relationships to a…

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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…

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sentenza 04/08/2026

Court of Appeal of Bari, judgment of 4 August 2026, No. 1024

no. 1024 · Corte di Appello — Bari

The construction of the arbitration agreement and the consequent delimitation of the scope of the arbitrators' jurisdiction are matters for the court of first instance, which must ascertain the common…

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sentenza 04/08/2026

Court of Bari, judgment of 4 August 2026, No. 4521

no. 4521 · Tribunale — Bari

The commencement of arbitral proceedings interrupts the limitation period in respect of the right asserted in the arbitration, which may therefore still be effectively pursued in subsequent court proceedings having…

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ordinanza 04/08/2026

Court of Siena, order of 4 August 2026 (R.G. 00002130/2025)

Tribunale — Siena

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…

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decreto 03/08/2026

Court of Monza, decree of 3 August 2026 (R.G. 00005297/2026)

Tribunale — Monza

Where the arbitration clause in the articles of association refers to a sole arbitrator, appointed by the President of the Court of the district in which the company has its…

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ordinanza 01/08/2026

Court of Appeal of Trieste, order of 1 August 2026 (R.G. 00000303/2026)

Corte di Appello — Trieste

Under art. 830, co. 4, cod. proc. civ. the efficacy of the award may be stayed only where serious grounds exist. The mere allegation that the debtor is a minority…

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ordinanza 31/07/2026

Court of Catanzaro, order of 31 July 2026 (R.G. 00001133/2026)

Tribunale — Catanzaro

Where an arbitration clause exists, an application for interim relief is to be made, pursuant to art. 669-quinquies cod. proc. civ., to the court which would have competence over the…

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