Court of Massa, 1 July 2025, N. 350

The ordinary court always has jurisdiction to issue an injunctive decree notwithstanding the existence of an arbitration clause provided in the contract from which the credit relationship originates, since the discipline of arbitral proceedings does not provide for the pronouncement of injunctive orders.
The acceptance of the objection of arbitral jurisdiction in opposition proceedings to an injunctive decree entails the revocation of the contested injunctive decree and the referral of the parties before the arbitral tribunal or the sole arbitrator, as the case may be.