Court of Ancona, order of 8 September 2026 (R.G. 00001093/2026)

An arbitration clause which refers to arbitrators the resolution of disputes concerning rights capable of being disposed of is valid where it provides for arbitration and excludes any power to decide ex aequo et bono.
The existence of an arbitration clause does not exclude the competence of the ordinary court to issue an order for payment (decreto ingiuntivo), since the rules governing arbitral proceedings do not provide for measures granted inaudita altera parte and since want of competence by reason of the referral of the dispute to arbitrators cannot be raised by the court of its own motion.
Once opposition has been brought and the arbitral competence pleaded, the conditions laid down in the arbitration agreement are satisfied and, having regard to the jurisdictional nature of arbitration and to its function as a substitute for the ordinary courts, the court seised must decline competence in favour of the arbitrators, with the consequent declaration of nullity of the order for payment issued.