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Court of Foggia, 20 June 2025, N. 1229

Arbitral jurisdiction deriving from the arbitration clause is not exhausted in disputes having as their object the literal execution of the contract or the primary obligations of the parties but extends also to those disputes which, whilst concerning accessory, reflected or indirect profiles, result objectively or subjectively connected to the contractual relationship and, more generally, to those claims which would find no reason if not in the contractual relationship between the parties.
The presence of insolvency proceedings (bankruptcy), per se, does not prevent the operation of the arbitration clause stipulated by the company in bonis. The efficacy of the arbitral clause endures and may be invoked even by the trustee, provided the claim is referable to the original contractual relationship.

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