Legal Principle

An arbitration clause cannot derogate from the mandatory functional jurisdiction of the court in eviction validation proceedings governed by articles 657 et seq. of the Code of Civil Procedure, as these constitute special summary proceedings reserved exclusively to the ordinary jurisdiction and incompatible with referral to arbitrators due to the latter's inability to issue orders with immediate executive effect.

Methodological Notes

standard

How to cite

Tribunale di Brindisi, 30/09/2025, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-brindisi-order-of-30-september-2025-1768826386-4597/

Copy Citation