sentenza
Court of Brescia, judgment of 17 June 2026, No. 5642
Tribunale of Brescia
Legal principle
A broadly worded arbitration clause referring to arbitrators any dispute concerning the validity, interpretation, performance, fulfilment of obligations and payments under the contract also encompasses disputes relating to the balance of the consideration for the work performed.
The bringing of a counterclaim does not imply a waiver of the objection of lack of jurisdiction in favour of the arbitrators, where it appears that the counterclaim was advanced without any waiver of that objection.
Methodological notes
standard
Decision text and analysis
A broadly worded arbitration clause referring to arbitrators any dispute concerning the validity, interpretation, performance, fulfilment of obligations and payments under the contract also encompasses disputes relating to the balance of the consideration for the work performed.
The bringing of a counterclaim does not imply a waiver of the objection of lack of jurisdiction in favour of the arbitrators, where it appears that the counterclaim was advanced without any waiver of that objection.
How to cite
Tribunale of Brescia, 17 June 2026, No. 5642, «Court of Brescia, judgment of 17 June 2026, No. 5642», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-judgment-of-17-june-2026-no-5642/