sentenza
Court of Appeal of Bari, judgment of 8 July 2026, No. 935
Corte di Appello of Bari
Legal principle
Under art. 808-quater cod. proc. civ., an arbitration clause referring every dispute to arbitration without further specification is not generic and, in case of doubt, extends to all disputes arising from the contract, including those concerning breach and damages.
An arbitration clause referring to arbitration every dispute that cannot be settled through negotiations does not create a condition precedent to arbitration, so that the arbitrators may be seized without any prior attempt at out-of-court settlement.
Methodological notes
standard
Decision text and analysis
Under art. 808-quater cod. proc. civ., an arbitration clause referring every dispute to arbitration without further specification is not generic and, in case of doubt, extends to all disputes arising from the contract, including those concerning breach and damages.
An arbitration clause referring to arbitration every dispute that cannot be settled through negotiations does not create a condition precedent to arbitration, so that the arbitrators may be seized without any prior attempt at out-of-court settlement.
How to cite
Corte di Appello of Bari, 8 July 2026, No. 935, «Court of Appeal of Bari, judgment of 8 July 2026, No. 935», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-bari-judgment-of-8-july-2026-no-935/