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Court of Appeal of Rome, 30 September 2025, No. 5497

Associative disputes may be the subject of arbitration agreements, with the exception of those involving interests protected by mandatory rules.
The decision by which the judge, in the presence of an objection based on an arbitration agreement, resolves the question of the validity of the arbitration clause by either closing or not closing the proceedings before him, must be considered as a decision rendered on a preliminary question of merit and not of procedure, as it relates to the validity or interpretation of the arbitration agreement or arbitration clause.

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