Court of Cremona, 30 October 2025, No. 490

In the presence of an arbitration clause, the ordinary court seized by application for a payment order lacks jurisdiction in favour of the arbitral tribunal, and must declare its lack of jurisdiction or, where arbitral proceedings for the same subject matter are already pending, declare lis pendens and refer the case to the arbitral tribunal.
A payment order issued by the ordinary court in the presence of an arbitration clause and arbitral proceedings already pending for the same subject matter must be revoked, as the court lacked jurisdiction to issue it ab origine.