Legal Principle

The existence of an arbitration clause does not preclude a party from applying for and obtaining a payment order from the ordinary court in respect of a claim arising out of the contract, provided that the debtor retains the right to raise the plea of arbitral jurisdiction in opposition proceedings, whereupon the opposition court must set aside the payment order and refer the parties to the arbitrator.

Methodological Notes

standard

How to cite

Tribunale di Genova, 10/06/2026, n. 2717, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-genoa-judgment-of-10-june-2026-no-2717/

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