Legal Principle

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.

Methodological Notes

standard

How to cite

Tribunale di Brescia, 20/01/2026, n. 760, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-20-january-2026-no-760-1774360250-8069/

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