ordinanza
Court of Genoa, order of 6 July 2026 (R.G. 00006825/2025)
Tribunale of Genova
Legal principle
When appointing an arbitrator under art. 810 cod. proc. civ., the president of the tribunal carries out a review limited to the formal verification of the conditions for the appointment, so that issues concerning the validity of the arbitration clause and its compatibility with the rules on corporate arbitration do not constitute an obstacle to the appointment, but pertain to the arbitrators' decision-making power and to any challenge against the award.
Breaches of the rules governing the procedure for appointing the arbitrator may be raised before the arbitrators and relied upon in a challenge against the award, provided that they were promptly objected to during the arbitral proceedings.
Methodological notes
standard
Decision text and analysis
When appointing an arbitrator under art. 810 cod. proc. civ., the president of the tribunal carries out a review limited to the formal verification of the conditions for the appointment, so that issues concerning the validity of the arbitration clause and its compatibility with the rules on corporate arbitration do not constitute an obstacle to the appointment, but pertain to the arbitrators’ decision-making power and to any challenge against the award.
Breaches of the rules governing the procedure for appointing the arbitrator may be raised before the arbitrators and relied upon in a challenge against the award, provided that they were promptly objected to during the arbitral proceedings.
How to cite
Tribunale of Genova, 6 July 2026, «Court of Genoa, order of 6 July 2026 (R.G. 00006825/2025)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-genoa-order-of-6-july-2026-r-g-00006825-2025/