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Court of Brescia, 20 January 2026, No. 760

A party that has expressly waived the objection to the jurisdiction of the ordinary courts based on the existence of an arbitration clause may not subsequently re-raise the same objection, since the waiver definitively extinguishes the interest in obtaining a ruling on that point, and re-raising the objection would constitute a breach of the right to be heard and the rights of defence of the opposing party, which legitimately relied on the earlier waiver.

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