Court of Genova, 7 October 2025, No. 2253

sentenza

⚖️ Court: Tribunale di Genova

📅 Date: 07/10/2025

📄 Number: 2253

Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction...

Court of Genoa, 7 October 2025, n. 2254

sentenza

⚖️ Court: Tribunale di Genova

📅 Date: 07/10/2025

📄 Number: 2254

In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the...

Court of Vicenza, 6 October 2025, No. 1390

sentenza

⚖️ Court: Tribunale di Vicenza

📅 Date: 06/10/2025

📄 Number: 1390

The partial nullity of an arbitration clause due to a merely potestative condition precedent does not entail the nullity of the entire arbitration agreement when the void part is not...

Court of Forli, 4 October 2025, No. 583

sentenza

⚖️ Court: Tribunale di Forli

📅 Date: 04/10/2025

📄 Number: 583

The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order, but requires the court hearing the opposition, where the existence...

Court of Napoli Nord, 4 July 2025, N. 2621

sentenza

⚖️ Court: Tribunale di Napoli Nord

📅 Date: 03/10/2025

📄 Number: 2621

An objection founded on an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction or competence in the technical sense, but rather a question of...

Court of Appeal of Cagliari, 3 October 2025, No. 374

sentenza

⚖️ Court: Corte di Appello di Cagliari

📅 Date: 03/10/2025

📄 Number: 374

In proceedings for the challenge of corporate resolutions brought in arbitral proceedings, there is no necessary joinder with parties who have entered into shareholders' agreements with the company's shareholders, even...

Court of Appeal of Milan, 3 October 2025, No. 2631

sentenza

⚖️ Court: Corte di Appello di Milano

📅 Date: 03/10/2025

📄 Number: 2631

In proceedings for setting aside an arbitral award for nullity, the failure to rule on the assignment of legal costs to the counsel who had declared himself assignee does not...

Court of Appeal of L’Aquila, 2 October 2025, No. 1041

sentenza

⚖️ Court: Corte di Appello di L'aquila

📅 Date: 02/10/2025

📄 Number: 1041

The challenge to an arbitral award is structured as a form of rescissory challenge, articulated in a first phase aimed at ascertaining the nullities provided for by art. 829 of...

Court of Cassino, 2 October 2025, No. 1237

sentenza

⚖️ Court: Tribunale di Cassino

📅 Date: 02/10/2025

📄 Number: 1237

The presence of an arbitration clause for institutional arbitration, timely raised as a defence in the first defensive pleading, requires that the ordinary court must decline its jurisdiction to hear...

Court of Udine, 1 October 2025, No. 664

sentenza

⚖️ Court: Tribunale di Udine

📅 Date: 01/10/2025

📄 Number: 664

The arbitration clause maintains its efficacy and autonomy with respect to the contract to which it refers even after contractual withdrawal, extending to restitutionary disputes arising from the performance or...