Court of Bari, order of 15 June 2026 (R.G. 00001802/2023)

The existence of an arbitration clause does not preclude the obtaining of an order for payment from the ordinary court in respect of a claim arising out of the contract, without prejudice to the right of the debtor to raise the objection of arbitral jurisdiction in opposition proceedings, whereupon the court must set aside the order for payment and refer the parties to the arbitrators.
Following the declaration of unconstitutionality of Article 819-ter of the Code of Civil Procedure insofar as it excluded the application of Article 50 to a declination of jurisdiction in favour of arbitrators, the declaration of lack of jurisdiction does not bring the proceedings to an end but effects a transfer of the case to the arbitrators.