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Court of Avezzano, Order of 8 November 2025

The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary court an order for payment in respect of the debt arising from the contract, without prejudice to the respondent’s right to raise the objection of arbitral jurisdiction in proceedings to set aside the order, with the consequence that the court hearing the opposition must revoke the order for payment and refer the parties to arbitration. This principle is justified by the absence of power on the part of arbitrators to issue orders for payment.

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