Court of Messina, order of 28 March 2026

ordinanza

⚖️ Court: Tribunale di Messina

📅 Date: 28/03/2026

Under Article 808(2) of the Code of Civil Procedure, the validity of the arbitration clause must be assessed autonomously in relation to the contract to which it refers. The arbitration...

Supreme Court, order of 27 March 2026, N. 7366

ordinanza

⚖️ Court: Cassazione

📅 Date: 27/03/2026

📄 Number: 7366

Following the reform introduced by d.lgs. 40/2006, in the absence of a clear derogatory intention of the parties directed at establishing a contractual arbitration (arbitrato irrituale), a referral to arbitrators...

Court of Milan, 27 March 2026, No. 2574

sentenza

⚖️ Court: Tribunale di Milano

📅 Date: 27/03/2026

📄 Number: 2574

The arbitration objection raised before the ordinary court poses a question pertaining to the merits, not to jurisdiction or competence. The effect of the arbitration clause consists in a waiver...

Court of Perugia, order of 26 March 2026

ordinanza

⚖️ Court: Tribunale di Perugia

📅 Date: 26/03/2026

Following the reform introduced by Legislative Decree No. 149/2022 (Cartabia Reform), Article 818 of the Code of Civil Procedure now allows parties to confer upon arbitrators the power to grant...

Court of Reggio Emilia, 26 March 2026, No. 251

sentenza

⚖️ Court: Tribunale di Reggio Emilia

📅 Date: 26/03/2026

📄 Number: 251

An arbitration agreement produces a positive effect – conferring upon the arbitrator the power to decide the dispute in a binding manner – and a negative effect – precluding the...

Supreme Court, order of 25 March 2026, N. 7151

ordinanza

⚖️ Court: Cassazione

📅 Date: 25/03/2026

📄 Number: 7151

Art. 6 co. 2 of l. 205/2000 does not have retroactive effect and cannot cure the nullity of arbitration clauses entered into under the regime of art. 5 of l....

art. 806 It. code civ. proc. 24/03/2026

Sign twice to arbitrate abroad? The separate approval requirement for international arbitration clauses between the New York Convention, procedural reforms and recent case law

by Roberto Oliva

In two near-simultaneous judgments handed down just two days apart, the Rome Court of Appeal (full text available here) and...

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Supreme Court, order of 23 March 2026, N. 6950

ordinanza

⚖️ Court: Cassazione

📅 Date: 23/03/2026

📄 Number: 6950

Pursuant to art. 808-quater cod. proc. civ., an arbitration clause referring generically to disputes arising from the contract to which it pertains is to be construed, in the absence of...

Court of Bologna, 22 March 2026, No. 2549

sentenza

⚖️ Court: Tribunale di Bologna

📅 Date: 22/03/2026

📄 Number: 2549

Once an in-court agreement on the arbitration objection has been formed – through the opposing party’s acceptance of the objection raised by the claimant – the parties lose the power...

Court of Trieste, order of 20 March 2026

ordinanza

⚖️ Court: Tribunale di Trieste

📅 Date: 20/03/2026

A statutory arbitration clause devolving to arbitrators disputes relating to corporate rights, including claims against former directors, applies also where the company’s action is based on an acknowledgment of debt,...