Court of Bologna, judgment of 21 July 2026, No. 5482

An arbitration clause excluding from the arbitrators' jurisdiction proceedings for orders for payment and the related opposition stages refers to proceedings brought between the parties to the relationship and does not operate where the summary proceedings have been brought by a third party against one of the parties, albeit in relation to a connected matter.
Where there is doubt as to the interpretation of the scope of an arbitration clause, a restrictive interpretation of it, affirming the jurisdiction of the State courts, is to be preferred.
In the absence of an express provision on the cesser of the effects of the arbitration clause by reason of connection, effect must be given to the balance of interests laid down in the contract, considerations of economy of proceedings and of enforceability against third parties being immaterial.