Site icon Arbitration in Italy

Court of Appeal of Florence, 7 July 2025, N. 1277

An arbitration clause which expressly provides for reservation of jurisdiction to the ordinary judicial authority for certain categories of disputes permits the exercise of such faculty notwithstanding the pendency of arbitration on different questions.
Article 819-ter of the Code of Civil Procedure does not find application when the claims proposed in arbitration and those in ordinary proceedings have a different petitum, there being in such case no lis pendens between the two proceedings.

Exit mobile version