Court of Milan, 7 January 2026, No. 107
Tribunale
di Milano
Legal Principle
An arbitration clause appended to a contract is not apt to confer upon the arbitrators jurisdiction over disputes relating to a settlement—including a non-novatory settlement—of claims arising out of that contract, inasmuch as the principle of the autonomy of the arbitration clause from the transaction to which it relates extends only to the grounds of invalidity of that transaction, provided they are not extraneous thereto, and correspondingly excludes the operation of the clause in respect of relationships arising from subsequent contracts, in relation to which the earlier transaction containing the arbitration clause constitutes no more than a historical antecedent.
Methodological Notes
standard
How to cite
Tribunale di Milano, 07/01/2026, n. 107, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-7-january-2026-no-107-1774352705-1835/