Supreme Court, 6 July 2025, N. 18394
The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration...
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Recent Decisions
View all →Supreme Court, 21 June 2025, N. 16635
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to...
Supreme Court, 6 June 2025, N. 15134
In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to...
Supreme Court, 5 June 2025, N. 15095
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of...
Court of Appeal of Naples, 31 May 2025, N. 2772
The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties...
Court of Appeal of Rome, 31 May 2025, N. 3405
Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private...
Recent Articles
View all →Foreign-Seated Corporate Arbitration
Italy’s Supreme Court has finally granted full recognition to corporate arbitration with foreign seats. In judgment no. 8911 of 4th...
When can the adversarial principle be considered violated?
A contract provides that one party handles design costs for subdividing property whilst the other proceeds with purchase, then transfers...
Interim relief jurisdiction
A partnership includes in its articles of association, amended in 2006, an arbitration clause referring all corporate disputes to arbitrators...
Interim attachment pending foreign arbitral award recognition
Trieste Court of Appeal’s order of 28th March 2025 (Italian text available here) addresses a question of considerable practical relevance:...
Still on parallel paths
An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration....
Interim measures and arbitration in Italy after the 2022 reform: initial considerations in light of Article 818 of the Italian Code of Civil Procedure
The civil procedure reform introduced by Legislative Decree No. 149 of 10 October 2022, in force since 28 February 2023,...