Court of Messina, 9 June 2025, N. 1097
Legal Principle
The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited to the specific dispute which is the subject of the summary proceedings, save contrary agreement between the parties.
The absence of contractual connection between multiple contracts permits the declaration of lack of jurisdiction by ordinary courts limited solely to relationships governed by arbitration clauses, without this constituting an obstacle to continuation of proceedings for contracts remaining within the tribunal's jurisdiction.
Arbitration clauses that submit to arbitral tribunal the resolution of disputes "of any nature" between principal and contractor comprehend all disputes arising from the contractual relationship, including those concerning compensation for contractual breach and counterclaims for elimination of defects.
Methodological Notes
standard