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Court of Appeal of Naples, 14 September 2025, No. 4228

An arbitrator to whom the parties have referred potential disputes arising from a contract concluded between them by means of an appropriate arbitration clause has jurisdiction to determine claims founded on the unjust enrichment of one party to the detriment of the other, where such enrichment has its justifying basis in the legal relationship established by the interested parties in the exercise of their contractual autonomy.
An arbitration clause which refers to arbitral determination “all disputes that may arise from disagreements concerning the interpretation of contractual clauses, or relating to the performance and fulfilment of the obligations incumbent upon each of the parties” encompasses within its scope of application claims for unjust enrichment brought in connection with the performance of the contract itself.

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