Court of Appeal of Bologna, judgment of 24 July 2026, No. 1329

An objection to jurisdiction founded upon an arbitration clause, raised in the document opposing the eviction and not reiterated in the subsequent supplementary pleading, must be regarded as having been waived.
An arbitration clause contained in an autonomous and distinct contract, which refers exclusively to disputes relating to that contract, does not apply to disputes arising out of a different and earlier contract between the same parties, even though the latter is referred to in the former for the limited purpose of regulating a single aspect of the relationship.
An arbitration clause wholly struck out by hand, bearing in the margin a note of the parties' agreement and contained in a page signed by all the contracting parties, is not operative, it not being sufficient to assert its continuing effectiveness to plead that the striking out was effected against the will of one party, in the absence of proof and in the face of the presence of the same deletion in the copy produced by that party itself.