Supreme Court, order of 16 September 2026, N. 25448
In the matter of the challenge of the arbitral award for nullity, the defect of inconsistency referred to in art.…
Arbitration in Italy
A systematic collection of arbitration decisions, with headnotes and scholarly commentary
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Recent Decisions
View all →Supreme Court, order of 13 September 2026, N. 25256
The regime governing corporate arbitration, now consolidated in arts. 838-bis and 838-ter cod. proc. civ. by virtue of art. 3,…
Court of Crotone, order of 11 July 2026 (R.G. 00000729/2026)
A stay of the enforceability of a challenged award falls within the jurisdiction of the Court of Appeal seized of…
Court of Naples, order of 10 July 2026 (R.G. 00013235/2026)
The pendency of arbitral proceedings between a shareholder and the company does not, in the absence of concrete evidence of…
Court of Pesaro, judgment of 10 July 2026, No. 457
An arbitration clause appearing at the foot of informed consent forms signed by a patient is ineffective as unfair under…
Court of Pesaro, judgment of 10 July 2026, No. 458
An arbitration clause included in informed consent forms for medical treatment is null as unfair where it was not preceded…
Recent Articles
View all →Sign twice to arbitrate abroad? The separate approval requirement for international arbitration clauses between the New York Convention, procedural reforms and recent case law
In two near-simultaneous judgments handed down just two days apart, the Rome Court of Appeal (full text available here) and…
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.…