Legal Principle

The objection to the jurisdiction of the ordinary court in favour of institutional arbitrators, based on a statutory arbitration clause, constitutes a procedural right subject to preclusion which, if not exercised in first instance proceedings due to the party's failure to enter an appearance, cannot be recovered on appeal by means of an application for relief from sanctions, where service of the originating process has been duly completed.

Methodological Notes

standard

How to cite

Corte di Appello di Cagliari, 24/11/2025, n. 464, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-cagliari-24-november-2025-no-464-1769463171-1661/

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