sentenza
No. 391
Year: 2025

Court of Larino, 2 December 2025, n. 391

⚖️ Tribunale di Larino
📅

Legal Principle

An objection based on an arbitration agreement, founded on an arbitration clause validly agreed between the parties, results in a declaration that the judicial claim is inadmissible pursuant to Article 819-ter of the Code of Civil Procedure, with consequent referral of the dispute to the jurisdiction of the arbitrators, provided that the defendant has formally and timeously raised the relevant objection.
An arbitration clause contained in a contract of sale is not to be classified as unfair under consumer protection legislation where the purchaser, a natural person, has entered into the contract for purposes connected with the exercise of his own business or professional activity; the mere circumstance that only the tax code rather than the VAT number was indicated in the contract is immaterial, as is the subjective quality of being a natural person, the determinative factor being the purpose actually pursued at the time of conclusion of the contract.

Methodological Notes

standard

How to cite

Tribunale di Larino, 02/12/2025, n. 391, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-larino-2-december-2025-n-391-1769520015-4702/