Court of Cagliari, 7 January 2026, No. 30
Tribunale
di Cagliari
Legal Principle
An arbitration clause constitutes an agreement autonomous from the contract to which it relates and retains its validity and effectiveness even where grounds of invalidity affect the main contract, save where the contract itself is non-existent.
The non-existence of a contract entails the non-existence of the arbitration clause contained therein, whereas the nullity or termination of the contract does not affect the validity and effectiveness of the arbitration agreement, which retains its contractual autonomy in accordance with the general principles governing arbitration.
Methodological Notes
standard
How to cite
Tribunale di Cagliari, 07/01/2026, n. 30, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-cagliari-7-january-2026-no-30-1774352705-5976/