Court of Appeal of Turin, 28 January 2026, No. 153

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.