sentenza
Court of Livorno, judgment of 15 July 2026, No. 605
Tribunale of Livorno
Legal principle
A counterclaim concerning a debt contractually referred to the cognisance of arbitrators is inadmissible before the ordinary courts.
The operation of the arbitration agreement does not extend to claims which, although pleaded as connected, are not shown to be attributable to the relationship referred to the arbitrators, it not being permissible to refer to arbitrators connected cases pending before the ordinary courts.
A stay of proceedings on the ground that the arbitral decision is a necessary antecedent presupposes that both sets of proceedings are concurrently pending, and cannot be ordered where no arbitration has been commenced.
Methodological notes
standard
Decision text and analysis
A counterclaim concerning a debt contractually referred to the cognisance of arbitrators is inadmissible before the ordinary courts.
The operation of the arbitration agreement does not extend to claims which, although pleaded as connected, are not shown to be attributable to the relationship referred to the arbitrators, it not being permissible to refer to arbitrators connected cases pending before the ordinary courts.
A stay of proceedings on the ground that the arbitral decision is a necessary antecedent presupposes that both sets of proceedings are concurrently pending, and cannot be ordered where no arbitration has been commenced.
How to cite
Tribunale of Livorno, 15 July 2026, No. 605, «Court of Livorno, judgment of 15 July 2026, No. 605», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-livorno-judgment-of-15-july-2026-no-605/