Court of Bergamo, 24 November 2025, No. 1521

An arbitration clause referring disputes arising from a sports agency contract to sports arbitration does not preclude recourse to the ordinary courts for the protection of credit rights arising from the contractual relationship, given that the exclusive jurisdiction of sports arbitration bodies is confined solely to disputes concerning technical rules relating to the proper performance of competitive activities and the regularity of competition, as well as to disciplinary disputes concerning the imposition of sanctions.
The expiry of the peremptory time limit provided for by the sports arbitration rules for the commencement of arbitration proceedings results solely in the loss of the right to resort to contractual arbitration (arbitrato irrituale), without entailing waiver of the right to judicial protection of rights before the ordinary courts.