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Court of Lecce, judgment of 15 May 2026, No. 1848

An arbitration clause contained in the articles of a partnership applies to disputes arising from the articles of association, including those relating to the nullity of corporate changes, where the claim is connected to the relationship governed by the articles themselves.
The plea relating to the existence of an arbitration clause concerns the merits and not jurisdiction or competence, since the relationship between courts and arbitrators does not fall on the plane of the allocation of judicial power; the decision by which the court, faced with a plea of arbitration, closes the proceedings before it is to be regarded as a ruling on a preliminary question of substance and must be challenged by way of appeal.

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