Arbitration case law

sentenza

Court of Rome, judgment of 9 July 2026, No. 10810

Tribunale of Roma

Legal principle

There can be no lis pendens between a dispute referred to arbitration and an action pending before the ordinary court.
A mere connection between issues already decided in arbitration and those raised in court proceedings does not permit a declaration of lis pendens under art. 39 cod. proc. civ., and any pending challenge against the award is relevant only within the limits of the grounds of challenge raised.

Methodological notes

standard

Decision text and analysis

There can be no lis pendens between a dispute referred to arbitration and an action pending before the ordinary court.
A mere connection between issues already decided in arbitration and those raised in court proceedings does not permit a declaration of lis pendens under art. 39 cod. proc. civ., and any pending challenge against the award is relevant only within the limits of the grounds of challenge raised.

How to cite

Tribunale of Roma, 9 July 2026, No. 10810, «Court of Rome, judgment of 9 July 2026, No. 10810», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-judgment-of-9-july-2026-no-10810/

Share this decision