sentenza
No. 789
Year: 2025

Court of Cagliari, 22 May 2025, N. 789

⚖️ Tribunale di Cagliari
📅

Legal Principle

Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer to regular arbitrators every dispute relating to implementation, interpretation and termination of the contract, achieving succession by particular title in the contractual legal relationship through substitution of a new subject in the active and passive legal position of one of the original contracting parties.
The written form requirement for an arbitration clause is satisfied when parties identify with exactness future disputes relating to the engagement that will be devolved to arbitral cognition, including by reference to company articles where the clause is provided.

Methodological Notes

standard

How to cite

Tribunale di Cagliari, 22/05/2025, n. 789, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-cagliari-22-may-2025-n-789-en-1752236317/