Court of Appeal of Rome, order of 21 January 2026

ordinanza

⚖️ Court: Corte di Appello

📅 Date: 21/01/2026

For the purposes of characterising the nature of the arbitration as institutional or contractual (arbitrato irrituale), the primary interpretive criterion is the literal wording of the arbitration clause, whereas recourse...

Court of Milan, decree of 19 January 2026

decreto

⚖️ Court: Tribunale di Milano

📅 Date: 19/01/2026

In proceedings in chambers (camera di consiglio), a provision in the articles of association derogating from territorial jurisdiction in respect of matters not capable of being submitted to arbitration cannot...

Court of Appeal of Milan, 19 January 2026, No. 117

sentenza

⚖️ Court: Corte di Appello

📅 Date: 19/01/2026

📄 Number: 117

Nullity of an arbitral award for lack of reasoning within the meaning of Article 829(1)(5) of the Code of Civil Procedure arises exclusively where the reasoning is entirely absent or...

Court of Appeal of Milan, 19 January 2026, No. 120

sentenza

⚖️ Court: Corte di Appello

📅 Date: 19/01/2026

📄 Number: 120

The setting aside of an arbitral award under Article 829 of the Code of Civil Procedure is a form of limited challenge, available exclusively on the basis of one of...

Court of Appeal of Milan, 19 January 2026, No. 122

sentenza

⚖️ Court: Corte di Appello

📅 Date: 19/01/2026

📄 Number: 122

In institutional arbitration, an award that resolves preliminary or prejudicial issues without determining the arbitral proceedings is not independently challengeable, but may be challenged only together with the final award,...

Court of Grosseto, Order of 18 January 2026

ordinanza

⚖️ Court: Tribunale di Grosseto

📅 Date: 18/01/2026

The supplementary intervention of the court for the appointment of the arbitrator designated by the defaulting party, pursuant to Article 810(2) of the Code of Civil Procedure, is conditional upon...

Court of Potenza, decree of 17 January 2026

decreto

⚖️ Court: Tribunale di Potenza

📅 Date: 17/01/2026

A decision rendered in contractual arbitration (arbitrato irrituale) constitutes written evidence sufficient for the purposes of issuing an order for payment under Article 634 of the Code of Civil Procedure,...

Court of Appeal of Rome, 17 January 2026, No. 859

sentenza

⚖️ Court: Corte di Appello

📅 Date: 17/01/2026

📄 Number: 859

The nullity of the substantive contract does not automatically entail the invalidity of the arbitration clause contained therein, which, by virtue of the principle of separability enshrined in Article 808...

Court of Appeal of Venice, 16 January 2026, No. 98

sentenza

⚖️ Court: Corte di Appello

📅 Date: 16/01/2026

📄 Number: 98

Proceedings for the setting aside of an arbitral award under Article 827 of the Code of Civil Procedure do not constitute appellate proceedings, but proceedings of limited review directed exclusively...

Court of Catanzaro, 16 January 2026, No. 81

sentenza

⚖️ Court: Tribunale di Catanzaro

📅 Date: 16/01/2026

📄 Number: 81

An arbitration clause providing for the referral of disputes to arbitrators "in the manner and forms prescribed by law", without further specification or reference to specific rules, is incapable of...