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Court of Catania, judgment of 15 April 2026, No. 1850

An arbitration clause is valid if agreed in writing and if it concerns available rights; it has its own individuality and autonomy distinct from the contract to which it refers, so that the grounds of invalidity of the substantive transaction do not extend to it.
The agreed arbitral competence extends to all disputes having as their causa petendi the contract to which the arbitration clause is linked.
The fact that the state court has issued a payment order in respect of a credit based on a contract does not entail a waiver of the arbitration clause in respect of other disputes arising out of the same contract to which it relates and does not preclude the raising of the objection of incompetence of the state court.

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