sentenza
Court of Florence, judgment of 6 July 2026, No. 3931
Tribunale of Firenze
Legal principle
An arbitration clause contained in a contract concluded with a consumer, which derogates from the jurisdiction of the courts without having been specifically approved by the weaker party, is null as unfair.
Filing an application for a payment order does not amount to a waiver of the arbitration clause, since the existence of the clause does not prevent a party from applying for and obtaining a payment order from the ordinary court for a claim arising from the contract.
Methodological notes
standard
Decision text and analysis
An arbitration clause contained in a contract concluded with a consumer, which derogates from the jurisdiction of the courts without having been specifically approved by the weaker party, is null as unfair.
Filing an application for a payment order does not amount to a waiver of the arbitration clause, since the existence of the clause does not prevent a party from applying for and obtaining a payment order from the ordinary court for a claim arising from the contract.
How to cite
Tribunale of Firenze, 6 July 2026, No. 3931, «Court of Florence, judgment of 6 July 2026, No. 3931», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-florence-judgment-of-6-july-2026-no-3931/