Court of Santa Maria Capua Vetere, 16 May 2025, N. 1640
Legal Principle
Existence of an arbitration clause does not exclude ordinary court jurisdiction to issue a payment order, but requires it, in case of subsequent opposition, to declare nullity of the opposed decree and simultaneous referral of the dispute to arbitrators' judgment in regular arbitration, or declaration of unenforceability of the claim in contractual arbitration.
An arbitration clause must, absent express contrary intention, be interpreted broadly, referring to all disputes relating to claims having their cause in the contract, including disputes about breach or termination of the contract when the arbitral tribunal has been given jurisdiction over disputes about interpretation or application of the contract.
Methodological Notes
standard