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. 11613 · Tribunale — Napoli
The extraordinary standing granted to a member of a limited liability company by Article 2476, paragraph 3, of the Civil Code for the exercise of the company's derivative action for…
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sentenza

no. 1664 · Tribunale — Padova
An arbitration clause contained in the articles of association may be derogated by a settlement agreement entered into between all the shareholders and the company, whereby the parties expressly agree…
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sentenza

no. 1162 · Tribunale — Pisa
An arbitration clause submitting to arbitrators technical disputes concerning the non-conformity of works with the design, lack of agreement on the conditions for issuing progress payment certificates, and the adequacy…
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sentenza

no. 17390 · Tribunale — Roma
The failure by one of the joint venture participants to pay their share of the deposit required for the operation of the arbitral tribunal, resulting in a declaration of termination…
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sentenza

no. 5383 · Tribunale — Torino
An objection based on an arbitration agreement raised before the ordinary court, in the presence of an arbitration clause, raises a question relating to the merits and not to jurisdiction…
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sentenza

no. 5903 · Tribunale — Venezia
The renunciation of an arbitration agreement, formalised by the parties during the pendency of proceedings for the appointment of arbitrators, results in the cessation of arbitral jurisdiction and entitles the…
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ordinanza

no. 32248 · Cassazione
The action for annulment of an arbitral award constitutes proceedings with limited grounds for challenge, which may only be brought for specific procedural errors specifically provided for, as well as…
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ordinanza

no. 32271 · Cassazione
The interpretation of arbitration clauses contained in corporate articles of association must be conducted according to the general hermeneutic principles set forth in arts. 1362 et seq. of the Civil…
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ordinanza

no. 32272 · Cassazione
The unavailability of the right constitutes the limit to recourse to the arbitration clause and must not be confused with the non-derogability of the rules applicable to the legal relationship,…
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ordinanza

no. 32282 · Cassazione
The decision of the Financial Disputes Arbitrator established at Consob does not constitute an arbitral award and does not produce binding effects between the parties pursuant to Article 1372 of…
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sentenza

no. 1298 · Corte di Appello — Catanzaro
In matters of corporate arbitration, pursuant to Article 36 of Legislative Decree No. 5/2003, disputes concerning the challenge of corporate bodies' resolutions must be decided by arbitrators according to law…
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sentenza

no. 5948 · Tribunale — Catania
An arbitration clause providing for the referral to arbitrators of "any dispute relating to or in any event concerning or arising from the contract", expressly qualifying the arbitration as "institutional"…
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