Court of Appeal of Venice, 13 November 2025, No. 3175

The waiver of the arbitration clause contained in the construction contract, with consequent submission of the dispute to the ordinary jurisdiction, may validly occur by agreement between the parties, including through conduct amounting to acceptance, such as the bringing of judicial proceedings by one of the contracting parties and the entry of appearance of the other without raising the existence of the arbitration agreement, thereby constituting a tacit mutual consent to waive the arbitration clause originally agreed upon.