Arbitration case law

sentenza

Court of Catania, judgment of 25 June 2026, No. 3101

Tribunale of Catania

Legal principle

A contractual clause that merely states the parties' option to resort to arbitration for the resolution of disputes, without imposing an obligation to refer the dispute to arbitrators or providing for a waiver of recourse to the State courts, does not constitute a binding arbitration agreement within the meanin of art. 808 cod. proc. civ. and is not capable of grounding an objection to the jurisdiction of the ordinary courts.

Methodological notes

standard

Decision text and analysis

A contractual clause that merely states the parties’ option to resort to arbitration for the resolution of disputes, without imposing an obligation to refer the dispute to arbitrators or providing for a waiver of recourse to the State courts, does not constitute a binding arbitration agreement within the meanin of art. 808 cod. proc. civ. and is not capable of grounding an objection to the jurisdiction of the ordinary courts.

How to cite

Tribunale of Catania, 25 June 2026, No. 3101, «Court of Catania, judgment of 25 June 2026, No. 3101», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-catania-judgment-of-25-june-2026-no-3101/

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