Arbitration case law

sentenza

Court of Appeal of Bologna, 1 December 2025, No. 2061

Corte di Appello of Bologna

Legal principle

The objection of inadmissibility of a judicial claim for failure to pursue the arbitration proceedings contractually agreed upon by the parties constitutes a preliminary procedural issue which must be raised by the interested party by means of a specific objection, the failure to address which in the impugned decision does not in itself render the decision null and void where the issue has not been adequately pursued during the proceedings.

Methodological notes

standard

Decision text and analysis

The objection of inadmissibility of a judicial claim for failure to pursue the arbitration proceedings contractually agreed upon by the parties constitutes a preliminary procedural issue which must be raised by the interested party by means of a specific objection, the failure to address which in the impugned decision does not in itself render the decision null and void where the issue has not been adequately pursued during the proceedings.

How to cite

Corte di Appello of Bologna, 1 December 2025, No. 2061, «Court of Appeal of Bologna, 1 December 2025, No. 2061», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-bologna-1-december-2025-no-2061-1769520004-3446/

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