sentenza
No. 7752
Year: 2025

Court of Appeal of Rome, 19 December 2025, n. 7752

⚖️ Corte di Appello di Roma
📅

Legal Principle

An arbitration clause contained in a contract must be interpreted as conferring arbitral jurisdiction only over disputes relating to claims having their causa petendi in the contract to which it is appended. It follows that disputes concerning the ascertainment of the conditions for the lawful exercise of the right to cause termination of the contract pursuant to Article 56 of Legislative Decree 159/2011, as well as those concerning the effects arising from such termination, fall outside arbitral jurisdiction, given that in such cases the contract constitutes merely a factual prerequisite, whereas the basis of the claim lies in a right of termination (potere potestativo) conferred upon the judicial administrator by special legislation concerning patrimonial preventive measures.

Methodological Notes

standard

How to cite

Corte di Appello di Roma, 19/12/2025, n. 7752, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-rome-19-december-2025-n-7752-1770761742-6150/