Legal principle
Where an arbitration clause provides for an exception to arbitral jurisdiction in respect of certain disputes, such exception must be construed restrictively, with the consequence that counterclaims or defences that do not expressly fall within the scope of the exception remain subject to arbitral jurisdiction and may not be raised before the ordinary courts.
Methodological notes
standard
Decision text and analysis
Where an arbitration clause provides for an exception to arbitral jurisdiction in respect of certain disputes, such exception must be construed restrictively, with the consequence that counterclaims or defences that do not expressly fall within the scope of the exception remain subject to arbitral jurisdiction and may not be raised before the ordinary courts.
How to cite
Corte di Appello, 9 February 2026, No. 34, «Court of Appeal of Trieste, 9 February 2026, No. 34», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-trieste-9-february-2026-no-34-1774871919-1678/