Legal Principle

An arbitration clause in a condominium by-law of a contractual nature, referring to arbitrators disputes "between co-owners or between co-owners and the administrator", does not extend to cases of challenge of a condominium resolution, which are not expressly mentioned in the clause, and is not enforceable against co-owners who did not expressly accept the by-law or against their predecessors in title, where the by-law was not registered.

Methodological Notes

standard

How to cite

Tribunale di Brescia, 05/06/2026, n. 5333, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-brescia-judgment-of-5-june-2026-no-5333/

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