Court of Appeal of Turin, 28 January 2026, No. 153
Corte di Appello
Legal Principle
Where an arbitration clause refers to the arbitrators the resolution of any challenges or disputes relating to a contract, the ordinary court may not determine with res judicata effect the existence and content of a claim arising from that contract, not even for the purposes of the incidental determination necessary to decide on a defence of set-off, any determination of such right having to take place in arbitral proceedings.
Methodological Notes
standard
How to cite
Corte di Appello, 28/01/2026, n. 153, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-turin-28-january-2026-no-153-1774443268-2904/