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
Decision text and analysis
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.
How to cite
Tribunale of Cosenza, 20 April 2023, No. 705, «Court of Appeal of Genoa, 8 June 2025, N. 705», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-genoa-8-june-2025-n-705-en-1753526625/