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Court of Brescia, 3 February 2026, No. 1427

An arbitration clause referring to an arbitral tribunal the resolution of disputes concerning the interpretation and performance of the contract, construed literally as conferring upon the arbitrators the power to decide rather than to settle the dispute amicably, constitutes an institutional arbitration which deprives the ordinary court of jurisdiction over the dispute concerning the performance of the same contract, with the consequence that an order for payment issued in breach of the arbitral jurisdiction is null and void.

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