Legal Principle

Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible any appeal against such pronouncement.
Ordinary courts cannot operate set-off between claims when the counter-claim opposed is subject to an arbitration clause and requires ascertainment, such ascertainment must be referred to the competent arbitrators.

Methodological Notes

standard

How to cite

Tribunale di Cosenza, 20/04/2023, n. 705, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-genoa-8-june-2025-n-705-en-1753526625/

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