sentenza
No. 447
Year: 2026

Court of Avezzano, judgment of 18 May 2026, No. 447

⚖️ Tribunale di Avezzano
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Legal Principle

An arbitration clause contained in a framework agreement that has been neither revoked nor amended by a subsequent agreement between the same parties retains its effectiveness and binds the parties in respect of disputes relating to the performance of obligations arising from the contract containing it.
In the relationship between arbitrators and the judicial authority, the question of attribution of jurisdiction over the dispute to a ritual arbitral tribunal or to the ordinary court constitutes a question of competence, in accordance with the jurisdictional nature of ritual arbitration and the principle of channelling arbitration within the framework of ordinary proceedings.
Pursuant to Constitutional Court judgment No. 223/2013, the court that declines jurisdiction in favour of the arbitrators is required to set a peremptory time limit for the resumption of the proceedings before the arbitral tribunal, by analogous application of art. 50 of the Code of Civil Procedure.

Methodological Notes

standard

How to cite

Tribunale di Avezzano, 18/05/2026, n. 447, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-avezzano-judgment-of-18-may-2026-no-447/