sentenza
No. 2304
Year: 2025

Court of Brescia, 3 June 2025, N. 2304

⚖️ Tribunale di Brescia
📅

Legal Principle

An arbitration clause for formal arbitration included amongst general terms and conditions unilaterally drafted constitutes an unfair contract term and, as such, requires specific written approval pursuant to Article 1341(2) of the Civil Code.
The specific written approval of arbitration clauses must be separate and autonomous from that of other clauses, since only in this manner is the attention of the weaker contracting party adequately drawn to their significance.
A signature placed on each page of the contract is insufficient to satisfy the requirement of specific approval of arbitration clauses under Article 1341(2) of the Civil Code.

Methodological Notes

standard

How to cite

Tribunale di Brescia, 03/06/2025, n. 2304, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-3-june-2025-n-2304-en-1753526562/