sentenza
Court of Catania, judgment of 26 June 2026, No. 3138
Tribunale of Catania
Legal principle
An arbitration clau contained in a contract may be validly abrogated and replaced by a jurisdiction clause conferring cognisance upon the ordinary courts, if that clause is contained in a subsequent agreement signed by both parties; such a subsequent clause, being the product of the parties' free contractual will, exhausts its derogating effect from arbitral jurisdiction with respect to all disputes arising from the contractual relationship to which it relates.
Methodological notes
standard
Decision text and analysis
An arbitration clau contained in a contract may be validly abrogated and replaced by a jurisdiction clause conferring cognisance upon the ordinary courts, if that clause is contained in a subsequent agreement signed by both parties; such a subsequent clause, being the product of the parties’ free contractual will, exhausts its derogating effect from arbitral jurisdiction with respect to all disputes arising from the contractual relationship to which it relates.
How to cite
Tribunale of Catania, 26 June 2026, No. 3138, «Court of Catania, judgment of 26 June 2026, No. 3138», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-catania-judgment-of-26-june-2026-no-3138/