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Court of Enna, 21 October 2025, No. 447

The objection based on arbitration agreement has a procedural nature and constitutes a matter of jurisdiction, therefore it must be raised, on pain of forfeiture, in the first defensive pleading of the defendant, and cannot be raised ex officio by the court since arbitral jurisdiction is founded exclusively on the will of the parties.
The arbitration clause contained in the articles of association produces effects limited to disputes concerning corporate relationships, not extending to relationships between the company and third parties who are beneficiaries of services rendered by the company itself.

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