Court of Brindisi, order of 18 July 2026 (R.G. 00002831/2025)

The existence of an arbitration clause does not prevent an order for payment (decreto ingiuntivo) for the debt arising from the contract from being sought and obtained from the ordinary court, without prejudice to the debtor's faculty of pleading the arbitrators' jurisdiction in opposition proceedings, with the consequent need for the court hearing the opposition to set aside the order for payment and to refer the parties to the sole arbitrator or to the arbitral tribunal.
A dispute between shareholders concerning the content of, and the rights and obligations arising from, the company agreement is referred to arbitration under the arbitration clause in the articles of association, with the consequence that a claim brought before the ordinary court is not maintainable (improponibile).
The prima facie merits of the plea that the claim is not maintainable by reason of the existence of an arbitration clause negate the fumus boni iuris of the debt sued upon and, on that ground alone, preclude the granting of an application for protective attachment, rendering any inquiry into the periculum in mora superfluous.