Legal principle
The presence of an arbitration clause in the contract which is the subject matter of the dispute constitutes a procedural issue concerning the jurisdiction of the ordinary court which, in the context of proceedings for preventive expert evidence for the purpose of settling the dispute pursuant to Article 696-bis of the Code of Civil Procedure, amounts to one of the legal assessments requiring a decision on the merits, contributing to render the application inadmissible due to the exploratory nature of the investigation sought.
Methodological notes
standard
Decision text and analysis
The presence of an arbitration clause in the contract which is the subject matter of the dispute constitutes a procedural issue concerning the jurisdiction of the ordinary court which, in the context of proceedings for preventive expert evidence for the purpose of settling the dispute pursuant to Article 696-bis of the Code of Civil Procedure, amounts to one of the legal assessments requiring a decision on the merits, contributing to render the application inadmissible due to the exploratory nature of the investigation sought.
How to cite
Tribunale of L'aquila, 27 November 2025, «Court of L’Aquila, order of 27 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-laquila-order-of-27-november-2025-1769520015-3445/