Court of Appeal of Naples, 25 November 2025, No. 5986

An arbitration clause contained in a terminated contract does not extend its effectiveness to disputes arising from a subsequent and autonomous agreement entered into between the parties after the termination of the first contract, even where such agreement concerns performance connected to the original relationship, given that the new contractual instrument constitutes an independent source of obligations not attributable to the contractual regulation of the terminated contract.
The lapse of the binding effect of the arbitration agreement pursuant to Article 816-septies, paragraph 2, of the Code of Civil Procedure, due to failure to advance the costs necessary for the conduct of the arbitration, does not establish jurisdiction in the court of the place where the arbitral tribunal had its seat, in the absence of a specific clause derogating from ordinary territorial jurisdiction agreed between the parties with reference to the ordinary judicial authority.