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

ordinanza

Tribunale — Roma
Even in the presence of an arbitration clause submitting the dispute to arbitrators, the party retains the power to apply to the ordinary court for interim relief pending the appointment…
ordinanza

Tribunale — Udine
An arbitration clause providing for international arbitration contained in a contract extends its effectiveness to all disputes which, although based on different titles such as invoices or subsequent agreements, find…
sentenza

no. 6719 · Corte di Appello — Napoli
The contractual expert determination provided for in insurance policies, aimed at quantifying damage through the intervention of experts appointed by the parties, is to be distinguished from contractual arbitration (arbitrato…
sentenza

no. 2813 · Tribunale — Genova
An arbitration clause contained in a condominium regulation of a contractual nature, which refers to arbitration disputes between owners or between owners and the administrator relating to the interpretation and…
ordinanza

Tribunale — Ravenna
An arbitration clause providing for institutional arbitration contained in a business branch lease agreement does not preclude recourse to eviction validation proceedings for non-payment of rent, given that disputes reserved…
sentenza

no. 1619 · Tribunale — Cassino
The presence of an arbitration clause for institutional arbitration in the contract at issue does not preclude the creditor from obtaining an order for payment from the ordinary court for…
ordinanza

Tribunale — Milano
The preventive technical assessment for conciliation purposes pursuant to Article 696-bis of the Code of Civil Procedure, not being of a precautionary nature and being independent of the assessment of…
sentenza

no. 6676 · Corte di Appello — Napoli
The issue arising from the objection of arbitration, whether institutional or contractual arbitration (arbitrato irrituale), raised before the ordinary court seised notwithstanding that the dispute has been referred to arbitrators,…
sentenza

no. 12059 · Tribunale — Napoli
An arbitration clause inserted in a public procurement contract, pursuant to Article 241 of Legislative Decree No. 163/2006 as amended by Article 1, paragraph 19, of Law No. 190/2012, is…
sentenza

no. 7752 · Corte di Appello — Roma
An arbitration clause contained in a contract must be interpreted as conferring arbitral jurisdiction only over disputes relating to claims having their causa petendi in the contract to which it…
sentenza

no. 12061 · Tribunale — Napoli
The declaration of lack of jurisdiction by the arbitral tribunal, with simultaneous grant of a time limit for resumption of proceedings before the competent ordinary court, gives rise to translatio…