Legal Principle

The plea of arbitration, based on a clause providing for arbitration, has a procedural nature and constitutes a question of jurisdiction that must be raised, on pain of preclusion, in the defendant's first pleading, since arbitral jurisdiction may not be equated with subject-matter jurisdiction so as to justify its being raised by the court of its own motion.

Methodological Notes

standard

How to cite

Tribunale di Bolzano, 08/06/2026, n. 511, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-bolzano-judgment-of-8-june-2026-no-511/

Copy Citation