Court of Milan, 29 May 2025, N. 4398
Legal Principle
Arbitration clauses contained in condominium regulations must be interpreted according to their specific content, distinguishing between disputes relating to daily condominium life and disputes concerning validity and effectiveness of regulatory clauses themselves.
Arbitration clauses establishing submission to arbitrators of disputes between co-owners and administrators regarding interpretation and execution of legal provisions and regulations relating to condominium formation, operation, and potential dissolution must be interpreted to mean that all causes relating to condominium management and operation fall within arbitral jurisdiction.
Participation in mediation does not automatically determine waiver of arbitration clauses, especially when mediation was initiated by counterparties rather than by parties subsequently raising arbitral jurisdiction.
Different clauses disciplining different situations may coexist in condominium regulations: one submitting questions inherent to daily condominium life to arbitral panels and another submitting disputes relating to opposability, validity, and effectiveness of regulatory clauses as contractually approved to ordinary courts.
Methodological Notes
standard