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...
Court of Appeal of Genoa, 8 June 2025, N. 705
Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only...
Court of Milan, 6 June 2025, N. 4624
The validity of an arbitration clause must be evaluated autonomously from the contract to which it refers, according to Article...
Court of Milan, 6 June 2025, N. 4631
Incorporation by reference (rinvio per relationem) of an arbitration clause contained in another contract is valid when it is express...
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...
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,...