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

ordinanza

Tribunale — Pordenone
Where the articles of association of a consortium company with limited liability provide for an arbitration clause submitting to arbitrators disputes concerning the interpretation and execution of the articles of…
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ordinanza

no. 32710 · Cassazione
Challenge of an arbitral award for violation of rules of law is always permitted when such violation concerns the resolution of a preliminary question relating to matters excluded from arbitral…
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sentenza

no. 4572 · Tribunale — Bari
An arbitration clause contained in an agreement for the grant of management rights over a municipal sports facility, entered into between a territorial public body and a private party, cannot…
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ordinanza

Tribunale — Bari
In non-contentious proceedings concerning the appointment of an arbitrator pursuant to Article 810 of the Code of Civil Procedure, withdrawal of the application cannot give rise to an order on…
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sentenza

no. 694 · Corte di Appello — Perugia
A statutory clause requiring the parties to "undertake" to resort to conciliation before commencing any judicial or arbitral proceedings constitutes a legally binding obligation and not a mere option, given…
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sentenza

no. 1912 · Tribunale — Cosenza
In contractual arbitration (arbitrato irrituale), the contractual content of the award is not limited to the determinations set out in the operative part of the decision, but also includes the…
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sentenza

no. 7594 · Corte di Appello — Roma
The challenge for nullity of an arbitral award constitutes proceedings subject to restricted grounds of appeal, which may be brought exclusively within the limits established by Article 829 of the…
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sentenza

no. 1913 · Tribunale — Cosenza
In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place on a purely contractual basis, as the parties entrust the arbitrators with the task of settling the dispute…
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sentenza

no. 1914 · Tribunale — Cosenza
Contractual arbitration (arbitrato irrituale) has a contractual nature, in that the parties entrust the arbitrators with the task of settling the dispute by means of an ascertainment agreement, undertaking to…
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sentenza

no. 2121 · Tribunale — Foggia
The question concerning the existence or otherwise of an arbitration agreement between the parties constitutes a matter of jurisdiction and not of subject-matter jurisdiction, with the consequence that, on appeal,…
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