Court of Cagliari, 9 January 2026, No. 35
Tribunale
di Cagliari
Legal Principle
The arbitral jurisdiction arising from an arbitration clause constitutes a case of simple lack of jurisdiction of the ordinary court, which may be raised only on application by a party and not of the court's own motion. Where no party raises a timely objection based on the arbitration clause, the ordinary court retains jurisdiction to determine the dispute.
Methodological Notes
standard
How to cite
Tribunale di Cagliari, 09/01/2026, n. 35, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-cagliari-9-january-2026-no-35-1774352706-5635/