sentenza
No. 879
Year: 2025

Court of Benevento, 5 July 2025, N. 879

⚖️ Tribunale di Benevento
📅

Legal Principle

The interpretation of arbitration clauses must be carried out with reference to the literal datum and the common intention of the parties, privileging extensive interpretation when the parties have clearly manifested the intention to refer every contractual dispute to arbitrators.
Disputes of an extra-contractual nature fall within the scope of application of the arbitration clause when these are nevertheless referable to the execution and interpretation of the contract which contains the arbitration agreement.
Disputes relating to enlargements and modifications of the original contractual relationship fall within the scope of the arbitration clause when such developments were already contemplated in the contract itself, even if subsequently realised.
The arbitration clause extends to disputes relating to performances executed on the basis of contractual provisions subsequently rendered void by jurisdictional pronouncement, when such performances nevertheless remain referable to the execution and interpretation of the original contract.

Methodological Notes

standard

How to cite

Tribunale di Benevento, 05/07/2025, n. 879, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-benevento-5-july-2025-n-879-1759503381-5545/