Court of Verona, 6 October 2025, No. 2125

A contractual arbitration (arbitrato irrituale) award produces res judicata effect limited to the thema decidendum established in the arbitration agreement, not automatically extending to all relationships between the parties where the arbitrator has verified only issues relating to a specific contractual subject matter.
The determination contained in a contractual arbitration (arbitrato irrituale) award, rendered final by the order rejecting the challenge under article 709-ter of the Code of Civil Procedure having become irrevocable, constitutes sufficient title for set-off of the credit recognised therein against credits of different origin claimed against the same party.