Court of Ancona, judgment of 4 April 2026, No. 683

An arbitration clause contained in a business lease agreement prevails over the jurisdiction of the ordinary courts even in eviction proceedings for non-payment, with the consequence that, upon closure of the summary phase, the court is required to decline its jurisdiction by judgment, declaring the arbitral tribunal to have jurisdiction over the merits.
A plea of arbitration in the summary phase of eviction proceedings does not deprive the court of jurisdiction to issue the immediate measures provided for by law, including the provisional order for possession, but obliges the court, upon conclusion of that phase, to declare the merits claims inadmissible in favour of arbitral jurisdiction.