Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

3,692 catalogued decisions

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Italian Arbitration Case Law

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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sentenza

no. 157 · Tribunale — Parma
The assessment of fees by arbitrators in contractual arbitration (arbitrato irrituale) constitutes a mere contractual proposal addressed to the parties, without binding effect in the absence of acceptance by all…
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ordinanza

Tribunale — Roma
A contractual provision containing an arbitration clause which grants the parties a mere option to refer disputes to an arbitral body for resolution, rather than establishing its mandatory nature, does…
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ordinanza

no. 31970 · Cassazione
The prior completion of testing of public works constitutes a procedural prerequisite that conditions the availability of arbitration, configuring itself as a procedural exception whose absence cannot be raised ex…
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sentenza

no. 3440 · Tribunale — Bologna
An arbitration clause contained in the articles of association of a company which refers to the rules of an arbitral institution, which in turn provide that the power to appoint…
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sentenza

no. 17285 · Tribunale — Roma
The joint and several liability of the parties towards the arbitrators for the payment of fees, provided for by Article 814, paragraph 1, of the Code of Civil Procedure, does…
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sentenza

no. 2148 · Corte di Appello — Firenze
An arbitration clause conferring upon arbitrators jurisdiction over disputes relating to the interpretation, application and performance of a works contract also encompasses disputes concerning the payment of the consideration for…
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sentenza

no. 17288 · Tribunale — Roma
The annulment of an arbitral award by the Court of Appeal for lack of jurisdiction does not automatically result in the cancellation of the effects of that award where such…
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sentenza

no. 713 · Tribunale — Siena
A contractual arbitration award (arbitrato irrituale) whose validity has been confirmed by a final judgment following challenge proceedings pursuant to Article 808-ter of the Code of Civil Procedure cannot be…
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sentenza

no. 3409 · Tribunale — Bologna
A contractual clause which confers upon the judicial authority of a specific forum jurisdiction over "all disputes" arising from the contract, excluding arbitral jurisdiction, does not constitute an exclusive jurisdiction…
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sentenza

no. 839 · Tribunale — Terni
An arbitration clause contained in a public works contract does not preclude the jurisdiction of the ordinary court where, following an objection of lack of jurisdiction raised by the defendant,…
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