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. 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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sentenza

no. 10 · Tribunale — Palermo
An arbitration clause inserted in a public procurement contract without having been previously indicated in the call for tenders or without the required authorisation is void pursuant to Article 209(1)…
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ordinanza

Tribunale — Brindisi
The arbitration clause constitutes an agreement with procedural effects autonomous from the contract in which it is inserted, so that its validity must be assessed independently pursuant to Article 808,…
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ordinanza

Tribunale — Palermo
The application for incidental declaration of nullity of an arbitration clause is supported by a legally relevant interest only where the counterparty actually intends to rely on the arbitration clause,…
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ordinanza

Tribunale — Salerno
The preliminary technical investigation with conciliatory purpose pursuant to Article 696-bis of the Code of Civil Procedure does not fall within the interim proceedings to which Article 669-quinquies of the…
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sentenza

no. 4772 · Tribunale — Bari
An arbitration clause for contractual arbitration (arbitrato irrituale), included in the articles of association of a company, which provides for the submission to arbitrators of disputes between shareholders or between…
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sentenza

no. 2882 · Tribunale — Catanzaro
With regard to the interpretation of arbitration clauses, where there is doubt as to the parties' actual intention concerning the institutional or contractual nature of the arbitration (arbitrato irrituale), such…
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ordinanza

Tribunale — Lanciano
An arbitration clause contained in a contract unilaterally drafted by the public administration for a single and specific contractual matter is not subject to the rules on standard terms and…
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sentenza

no. 1726 · Tribunale — Padova
An arbitration clause contained in a contract is validly enforceable against a party who has succeeded to it with the consent of the original counterparty, so that the ordinary court…
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sentenza

no. 18132 · Tribunale — Roma
In matters of insolvency proceedings, the mandatory functional jurisdiction of the bankruptcy court, provided for by Article 24 of the Bankruptcy Act and by Article 13 of Legislative Decree no.…
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