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
Decision text and analysis
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.
How to cite
Tribunale of Brescia, 3 June 2025, No. 2304, «Court of Brescia, 3 June 2025, N. 2304», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-3-june-2025-n-2304-en-1753526562/