Court of Milan, 2 July 2025, N. 5486
Legal Principle
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the contract containing the arbitration agreement.
The requirement of specific written approval of arbitration clauses is satisfied even in the case of cumulative numerical reference to several clauses, provided that there is an indication of the content of the arbitral clauses through an unequivocal identifying expression.
Contracts predisposed by one of the contracting parties in anticipation of individual and specific contractual events cannot be qualified as contracts of adhesion for the purposes of applying Article 1341, paragraph 2, of the Civil Code to arbitration clauses, since the requirement of predisposition of the regulation for the discipline of an indefinite series of relationships is lacking.
Methodological Notes
standard