Arbitration case law

sentenza

Court of Catanzaro, judgment of 16 June 2026, No. 2321

Tribunale of Catanzaro

Legal principle

The objection of lack of jurisdiction on the ground of an arbitration agreement must be raised, on pain of forfeiture, in the statement of defence filed within the time limit laid down in Article 166 of the Code of Civil Procedure.
By virtue of the principle of privity of contract, arbitration clauses are binding only upon the parties who have signed them, subject to the automatic extensions provided for by law, such as those in favour of heirs, assignees of the contract or creditors exercising subrogation rights.

Methodological notes

standard

Decision text and analysis

The objection of lack of jurisdiction on the ground of an arbitration agreement must be raised, on pain of forfeiture, in the statement of defence filed within the time limit laid down in Article 166 of the Code of Civil Procedure.
By virtue of the principle of privity of contract, arbitration clauses are binding only upon the parties who have signed them, subject to the automatic extensions provided for by law, such as those in favour of heirs, assignees of the contract or creditors exercising subrogation rights.

How to cite

Tribunale of Catanzaro, 16 June 2026, No. 2321, «Court of Catanzaro, judgment of 16 June 2026, No. 2321», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-catanzaro-judgment-of-16-june-2026-no-2321/

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