Arbitration case law

sentenza

Court of Appeal of Caltanissetta, judgment of 18 June 2026, No. 385

Corte di Appello of Caltanissetta

Legal principle

An express termination clause governing the consequences of non-payment by providing for automatic termination, accompanied by a clause limiting the right to raise objections, prevails by reason of its specificity over the arbitration and conciliation clause contained in the same contract, thereby entitling the party to resort directly to extrajudicial enforcement.

Methodological notes

standard

Decision text and analysis

An express termination clause governing the consequences of non-payment by providing for automatic termination, accompanied by a clause limiting the right to raise objections, prevails by reason of its specificity over the arbitration and conciliation clause contained in the same contract, thereby entitling the party to resort directly to extrajudicial enforcement.

How to cite

Corte di Appello of Caltanissetta, 18 June 2026, No. 385, «Court of Appeal of Caltanissetta, judgment of 18 June 2026, No. 385», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-caltanissetta-judgment-of-18-june-2026-no-385/

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