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Court of Milan, 29 November 2025, n. 9178

An arbitration clause which refers to arbitrators the determination of disputes arising from the contract, whilst preserving the jurisdiction of the ordinary court for injunction proceedings pursuant to Articles 633 et seq. of the Code of Civil Procedure and the related opposition phases, establishes a conventional derogation from arbitral jurisdiction limited to such proceedings, with the consequent establishment of the exclusive jurisdiction of the state court designated by the parties both for the injunction phase and for the subsequent opposition proceedings.

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