Court of Ancona, 12 June 2025, N. 1086
Legal Principle
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order, given that arbitral procedure does not contemplate the issue of ex parte orders.
When opposition to a payment order is brought and the enjoined debtor raises arbitral jurisdiction, the conditions established in the arbitration agreement are satisfied, thereby causing ordinary court jurisdiction to cease, which must declare the nullity of the payment order and refer the dispute to arbitral determination.
Absent express contrary intention, an arbitration clause must be interpreted as ascribing to arbitral jurisdiction all disputes that refer to claims having their causa petendi in the contract to which said clause is annexed.
Methodological Notes
standard