Court of Milan, order 1 July 2025

ordinanza

⚖️ Court: Tribunale di Milano

📅 Date: 01/07/2025

In the presence of an arbitration clause, an application for interim measures is made to the court which would have had jurisdiction to hear the merits, pursuant to Article 669-quinquies...

Court of Massa, 1 July 2025, N. 350

sentenza

⚖️ Court: Tribunale di Massa

📅 Date: 01/07/2025

📄 Number: 350

The ordinary court always has jurisdiction to issue an injunctive decree notwithstanding the existence of an arbitration clause provided in the contract from which the credit relationship originates, since the...

Court of Appeal of Messina, 30 June 2025, N. 263

sentenza

⚖️ Court: Corte di Appello di Messina

📅 Date: 30/06/2025

📄 Number: 263

Unlike arbitration, which is of a jurisdictional nature and substitutes for the function of the ordinary judge, the submission of a dispute to contractual arbitrators (arbitrato irrituale) is configured as...

Court of Turin, 30 June 2025, N. 3170

sentenza

⚖️ Court: Tribunale di Torino

📅 Date: 30/06/2025

📄 Number: 3170

An arbitration clause contained in condominium regulations which establishes arbitral jurisdiction for disputes concerning the building or the regulations must be interpreted, in the absence of contrary intention, as encompassing...

Court of Salerno, 29 June 2025, N. 2881

sentenza

⚖️ Court: Tribunale di Salerno

📅 Date: 29/06/2025

📄 Number: 2881

The applicability of Article 1341 of the Civil Code to arbitration clauses postulates the existence of general contract conditions, which imply unilateral elaboration of the contractual scheme by the predisposer...

Court of Avezzano, Order 27 June 2025

ordinanza

⚖️ Court: Tribunale di Avezzano

📅 Date: 27/06/2025

Inadmissible is the cautionary application during proceedings for suspension of corporate deliberation proposed within merit proceedings instituted before the State Judge when the merit dispute is pacifically devolved to arbitral...

Court of Fermo, 27 June 2025, N. 379

sentenza

⚖️ Court: Tribunale di Fermo

📅 Date: 27/06/2025

📄 Number: 379

The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit relationship deduced in judgment originates,...

Court of Fermo, 27 June 2025, N. 382

sentenza

⚖️ Court: Tribunale di Fermo

📅 Date: 27/06/2025

📄 Number: 382

The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of the validity or otherwise of...

Court of Latina, 26 June 2025, N. 1248

sentenza

⚖️ Court: Tribunale di Latina

📅 Date: 26/06/2025

📄 Number: 1248

Being a clause bearing derogation from the general actionability of subjective right positions before ordinary jurisdiction, it is necessary that the arbitration clause be drafted in a precise and unambiguous...

Court of Bologna, Order 25 June 2025

ordinanza

⚖️ Court: Tribunale di Bologna

📅 Date: 25/06/2025

Article 838-ter of the Code of Civil Procedure, which attributes to arbitrators cautionary power in disputes devolved to arbitration concerning the validity of assembly deliberations, does not apply ratione materiae...