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. 8 · Corte di Appello — Catanzaro
An arbitration clause contained in a memorandum of understanding entered into between a consortium of local authorities and an individual member municipality, which refers to arbitrators disputes relating to the…
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ordinanza

no. 159 · Cassazione
An implied res judicata as to the validity and effectiveness of an arbitration clause for contractual arbitration (arbitrato irrituale) presupposes that the award has determined the merits of the dispute;…
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sentenza

no. 2 · Tribunale — Massa
The ordinary court, whilst having jurisdiction to issue an injunction order notwithstanding the existence of an arbitration clause in the contract from which the claim arises, loses such jurisdiction where,…
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ordinanza

Tribunale — Salerno
The serious reasons of convenience provided for by Article 815, No. 6-bis, of the Code of Civil Procedure as grounds for challenge of an arbitrator cannot be identified with the…
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sentenza

no. 2 · Tribunale — Trani
The plea of arbitration agreement raised by the defendant in ordinary proceedings, aimed at asserting the existence of an arbitration clause, does not automatically result in the acceptance of the…
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sentenza

no. 3 · Tribunale — Trani
The plea of arbitration agreement raised by the defendant in ordinary proceedings does not automatically determine the outcome of the dispute in favour of a declaration declining jurisdiction in favour…
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sentenza

no. 1 · Tribunale — Verona
An arbitral award, once communicated to the parties, constitutes valid title to establish the creditor's standing to bring an ordinary revocation action pursuant to Article 2901 of the Civil Code,…
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sentenza

no. 1 · Corte di Appello — Roma
The objection of lack of potestas iudicandi of the arbitrators, based on the nullity of the arbitration clause for lack of specific signature pursuant to Article 1341, paragraph 2, of…
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sentenza

no. 2896 · Tribunale — Catanzaro
The determination issued by the Technical Advisory Board, established pursuant to Decree-Law No. 76/2020, which rules on the termination of a contract for works, has the nature of a contractual…
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sentenza

no. 4330 · Tribunale — Firenze
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is not based on the circumstance that only in the former the parties have delegated to the arbitrators a function…
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