Court of Milan, decree of 30 January 2026

decreto

⚖️ Court: Tribunale di Milano

📅 Date: 30/01/2026

The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, as the lack of jurisdiction by reason of the...

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 Ancona, 30 January 2026, No. 214

sentenza

⚖️ Court: Tribunale di Ancona

📅 Date: 30/01/2026

📄 Number: 214

The plea of arbitration is procedural in nature and raises a question of competence which, pursuant to Article 38(1) of the Code of Civil Procedure, must be raised, on pain...

Court of Cagliari, order of 30 January 2026

ordinanza

⚖️ Court: Tribunale di Cagliari

📅 Date: 30/01/2026

The cumulative raising of the plea of an institutional arbitration clause and of territorial incompetence, with a specific ordering of their examination, binds the court on the merits to follow...

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 Reggio Emilia, order of 29 January 2026

ordinanza

⚖️ Court: Tribunale di Reggio Emilia

📅 Date: 29/01/2026

The waiver of an arbitration clause providing for institutional arbitration must be proved by the party bringing proceedings before the ordinary court; the mere allegation of a waiver agreement, in...

Court of Appeal of Rome, 28 January 2026, No. 721

sentenza

⚖️ Court: Corte di Appello

📅 Date: 28/01/2026

📄 Number: 721

An arbitration clause contained in one contract does not automatically extend to a separate but related contract that merely refers to the first, the derogation from the ordinary jurisdiction having...

Court of Livorno, 28 January 2026, No. 78

sentenza

⚖️ Court: Tribunale di Livorno

📅 Date: 28/01/2026

📄 Number: 78

An arbitration clause contained in a contract is binding exclusively upon the persons who signed it and cannot be relied upon as a plea of lack of jurisdiction of the...

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...