sentenza
No. 45
Year: 2026

Court of Agrigento, 13 January 2026, No. 45

⚖️ Tribunale di Agrigento
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Legal Principle

The existence of an arbitration clause contained in the contract from which the credit arises does not preclude the jurisdiction of the ordinary court to issue a payment order (decreto ingiuntivo).
The objection to the court's jurisdiction on the basis of an arbitration agreement constitutes an objection in the strict sense (eccezione in senso stretto) within the meaning of Article 819-ter of the Code of Civil Procedure, which may not be raised by the court of its own motion and must be raised, on pain of preclusion, in the statement of defence.
In proceedings in opposition to a payment order, where the debtor raises in due time the existence of a valid arbitration clause, the court must decline jurisdiction in favour of the arbitral tribunal and declare the payment order void, with consequent revocation thereof and referral of the dispute to the arbitrators.

Methodological Notes

standard

How to cite

Tribunale di Agrigento, 13/01/2026, n. 45, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-agrigento-13-january-2026-no-45-1774350895-4432/