Court of Lucca, judgment of 15 May 2026, No. 321
Tribunale
di Lucca
Legal Principle
The existence of an arbitration clause does not preclude the competence of the ordinary court to issue a payment order; however, where the debtor, in filing an opposition, relies upon the arbitration clause and raises the plea of arbitration, the court is bound to declare its own lack of competence, set aside the payment order and refer the dispute to the sole arbitrator or arbitral tribunal.
An arbitration clause must be interpreted as broadly as possible, so as to bring within arbitral competence all disputes relating to claims having their causa petendi in the contract to which the clause is annexed, the only exception being claims arising from tort liability.
Methodological Notes
standard
How to cite
Tribunale di Lucca, 15/05/2026, n. 321, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-lucca-judgment-of-15-may-2026-no-321/