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Court of Ascoli Piceno, 16 October 2025, No. 446

An arbitration clause that provides for the parties’ right to bring proceedings before an arbitral tribunal, using the auxiliary verb “may”, establishes optional arbitration and does not exclude the jurisdiction of the ordinary judicial authority, leaving the choice between arbitration and state jurisdiction to the parties’ discretion.
The interpretation of the arbitration clause must be carried out through a unified reading of all the clauses that compose it, with the second clause being understood as a specification of the scope of application of the optional arbitration clause provided for in the first clause.

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