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Court of Appeal of Bari, judgment of 5 June 2026, No. 767

Pursuant to art. 819 ter of the Code of Civil Procedure, a judgment whereby the court declines jurisdiction in application of an arbitration clause providing for arbitration, without ruling on the merits, is challengeable solely by way of the mandatory application for determination of jurisdiction under art. 42 of the Code of Civil Procedure, and not by way of appeal, which is therefore inadmissible.

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