sentenza
No. 1994
Year: 2025

Court of Appeal of Milan, 4 July 2025, N. 1994

⚖️ Corte di Appello di Milano
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Legal Principle

An arbitration clause is of an autonomous nature in relation to the contract to which it attaches, with merely procedural effects, so that even the nullity of the contract is not communicated to it. The arbitration clause does not constitute an accessory of the contract in which it is inserted, but has its own individuality and autonomy clearly distinct from that of the contract to which it attaches.
An arbitration clause contained in an expired contract remains operative when the contractual relationship has continued on the same conditions by concludent acts, its effectiveness extending to all disputes arising during the continuation of the relationship.
The requirement of written form for an arbitration clause pursuant to Articles 807 and 808, paragraph 1, of the Code of Civil Procedure remains satisfied by subscription of the original contract which contains it, even when the contractual relationship continues subsequently by concludent acts without new written stipulation.
The defect of double subscription of an arbitration clause for arbitration, when contained in a contract drawn up by one of the parties to govern an indefinite series of relationships and falling among those requiring specific written approval pursuant to Article 1341 of the Civil Code, may be raised only by the contracting party adhering to the conditions drawn up by the other party, and not by the party who drew them up.

Methodological Notes

standard

How to cite

Corte di Appello di Milano, 04/07/2025, n. 1994, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-milan-4-july-2025-n-1994-1759504882-8733/