Court of Cagliari, 23 January 2026, No. 161
Legal Principle
The existence of an arbitration clause providing for institutional arbitration does not preclude the creditor from applying for and obtaining an order for payment from the ordinary courts, as that remedy is of a summary nature not available in proceedings before arbitrators. However, where the debtor duly raises the objection of arbitral jurisdiction in opposition proceedings pursuant to Articles 808 and 38 of the Code of Civil Procedure, the court hearing the opposition must declare its lack of jurisdiction, set aside the payment order and refer the dispute to the arbitral tribunal, the summary phase and the opposition phase being parts of a single unified proceeding falling within the exclusive cognisance of the arbitrator.
Methodological Notes
standard