Court of Potenza, 30 January 2026, No. 268

sentenza

⚖️ Court: Tribunale di Potenza

📅 Date: 30/01/2026

📄 Number: 268

An arbitration clause contained in a private written agreement between the parties produces no procedural effects where it is not raised by way of plea in the ordinary proceedings by...

Court of Appeal of Messina, 29 January 2026, No. 61

sentenza

⚖️ Court: Corte di Appello

📅 Date: 29/01/2026

📄 Number: 61

Following the reform of the law of arbitration effected by Legislative Decree No. 40 of 2 March 2006, the question of the attribution of the potestas iudicandi to the arbitrators,...

Court of Catania, 29 January 2026, No. 555

sentenza

⚖️ Court: Tribunale di Catania

📅 Date: 29/01/2026

📄 Number: 555

The rules on procedural agreement under Article 38(2) of the Code of Civil Procedure are inapplicable in relation to the plea of an arbitration agreement, that provision referring exclusively to...

Court of Milan, order of 28 January 2026

ordinanza

⚖️ Court: Tribunale di Milano

📅 Date: 28/01/2026

The plea of institutional arbitration falls within the category of procedural pleas, since the activity of institutional arbitrators is of a judicial nature and substitutes for the function of the...

Court of Imperia, 27 January 2026, No. 50

sentenza

⚖️ Court: Tribunale di Imperia

📅 Date: 27/01/2026

📄 Number: 50

The plea of institutional or contractual arbitration (arbitrato irrituale), relating as it does to the merits and not to competence, is subject to the procedural regime governing defences of a...

Court of Caltagirone, order of 24 January 2026

ordinanza

⚖️ Court: Tribunale di Caltagirone

📅 Date: 24/01/2026

An arbitration clause contained in a contract is enforceable against the receiver in bankruptcy (curatore fallimentare) or the liquidation commissioner (commissario liquidatore) of insolvency proceedings when these act to enforce...

Court of Naples, 24 January 2026, No. 1186

sentenza

⚖️ Court: Tribunale di Napoli

📅 Date: 24/01/2026

📄 Number: 1186

A statutory arbitration clause that does not provide for the appointment of the arbitrators by a person unconnected with the company is void as contrary to mandatory law, even where...

Court of Avellino, 21 January 2026, No. 99

sentenza

⚖️ Court: Tribunale di Avellino

📅 Date: 21/01/2026

📄 Number: 99

Contractual arbitration (arbitrato irrituale) is characterised by the fact that the parties intend to entrust the resolution of disputes to the arbitrators through a contractual mechanism, by means of an...

Court of Appeal of Rome, order of 21 January 2026

ordinanza

⚖️ Court: Corte di Appello

📅 Date: 21/01/2026

For the purposes of characterising the nature of the arbitration as institutional or contractual (arbitrato irrituale), the primary interpretive criterion is the literal wording of the arbitration clause, whereas recourse...

Court of Appeal of Milan, 19 January 2026, No. 120

sentenza

⚖️ Court: Corte di Appello

📅 Date: 19/01/2026

📄 Number: 120

The setting aside of an arbitral award under Article 829 of the Code of Civil Procedure is a form of limited challenge, available exclusively on the basis of one of...