Court of Asti, 9 July 2025, N. 377
Legal Principle
In the event of the succession of extraordinary administration proceedings in a contract containing an arbitration clause, that clause remains effective in the relationships between the parties, it not being possible to configure a selective continuation of the insolvency proceedings in the contractual regulation.
The arbitrator to whom the parties have referred by appropriate arbitration clause any disputes arising from a contract has jurisdiction also over a claim founded upon the unjust enrichment of one party to the detriment of the other, where this has its justifying reason in the relationship constituted by the interested parties in the exercise of their contractual autonomy.
Methodological Notes
standard