Legal Principle

The objection based on an arbitration agreement is procedural in nature and constitutes a matter of jurisdiction, such that it must be raised, on pain of waiver, in the first defensive pleading of the defendant, as arbitral jurisdiction cannot be assimilated to functional jurisdiction so as to justify its being raised ex officio by the court, since it is founded solely on the will of the parties.

Methodological Notes

standard

How to cite

Tribunale di Bari, 16/10/2025, n. 3725, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-bari-16-october-2025-no-3725-1768914064-1988/

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