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/