sentenza
No. 4067
Year: 2025

Court of Milan, 19 May 2025, N. 4067

⚖️ Tribunale di Milano
📅

Legal Principle

In contracts between businesses, an arbitration clause is not subject to specific written approval under Articles 1341 and 1342 of the Civil Code when the contract cannot be qualified as "adhesion", that is when it is not intended to regulate an indefinite series of relationships and is not prepared unilaterally without possibility of modifications by the other contracting party.
A contract cannot be qualified as "adhesion" under Article 1341 of the Civil Code when contractual clauses, though drafted by only one of the contracting parties, refer to a specific engagement and the other contracting party could legitimately agree modifications to the contractual provision, making the arbitration clause valid and effective as fruit of the free and autonomous will of the contracting parties.

Methodological Notes

standard

How to cite

Tribunale di Milano, 19/05/2025, n. 4067, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-19-may-2025-n-4067-en-1752236317/