Court of Genoa, 21 December 2025, n. 2813
Legal Principle
An arbitration clause contained in a condominium regulation of a contractual nature, which refers to arbitration disputes between owners or between owners and the administrator relating to the interpretation and execution of statutory and contractual provisions, as well as those generally relating to the building, renders inadmissible any challenge to assembly resolutions before the ordinary judicial authority, given that Article 1137, paragraph 2, of the Civil Code, in recognising the right to apply to the court against condominium assembly resolutions, does not establish a reserve of absolute and exclusive jurisdiction of the ordinary court and does not therefore exclude the arbitrability of such disputes, which do not fall within the prohibitions laid down in Articles 806 and 808 of the Code of Civil Procedure.
Where a broadly worded arbitration clause exists, any interpretative doubt as to the extent of arbitral jurisdiction must be resolved, pursuant to Article 808-quater of the Code of Civil Procedure, in the sense that arbitral jurisdiction extends to all disputes arising from the contract or relationship to which the agreement refers.
Methodological Notes
standard