sentenza
Court of Appeal of Naples, judgment of 2 July 2026, No. 5256
Corte di Appello of Napoli
Legal principle
An agreement providing for the optional, consensual referral to a panel of experts of disputes of a medical nature between the parties to an insurance contract, described as contractual arbitration (arbitrato irrituale), is not an arbitration agreement capable of removing the dispute over the indemnity from the jurisdiction of the ordinary court.
Methodological notes
standard
Decision text and analysis
An agreement providing for the optional, consensual referral to a panel of experts of disputes of a medical nature between the parties to an insurance contract, described as contractual arbitration (arbitrato irrituale), is not an arbitration agreement capable of removing the dispute over the indemnity from the jurisdiction of the ordinary court.
How to cite
Corte di Appello of Napoli, 2 July 2026, No. 5256, «Court of Appeal of Naples, judgment of 2 July 2026, No. 5256», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-judgment-of-2-july-2026-no-5256/