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Court of Campobasso, order of 20 May 2026 (R.G. 00001770/2025)

In the absence of a different and express indication by the parties, the arbitration clause must be interpreted in the sense of ritual arbitration, under art. 808 ter of the Code of Civil Procedure, since any doubt as to the actual intention of the parties must be resolved in favour of ritual arbitration, given the exceptional nature of the derogation from the rule that the award has the effect of a judicial judgment.
The arbitration exception relating to a ritual arbitration clause pertains to jurisdiction, since the activity of ritual arbitrators must be recognised as having a jurisdictional nature that substitutes for the ordinary court.

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