Legal Principle

A party that raises the arbitration exception from the first available pleading in respect of claims based on contracts other than the title relied upon in the pending proceedings and reiterates that exception in subsequent submissions cannot be deemed to have waived the arbitration agreement. The abandonment of the arbitration exception requires an unequivocal expression of will and cannot be inferred from the overall content of the opposing party's defences.

Methodological Notes

standard

How to cite

Tribunale di Bolzano, 21/05/2026, n. 440, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-bolzano-judgment-of-21-may-2026-no-440/

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