Court of Milan, 7 October 2025, No. 7479

The defendant's adherence to the objection of lack of jurisdiction due to an arbitration clause raised by the opposing party results in the application of Article 38, paragraph 2 of the Code of Civil Procedure, determining the revocation of the payment order and the referral of the dispute to the arbitrators, without the judge hearing the opposition being able to rule on procedural costs, the decision on which lies with the arbitral tribunal within the framework of a comprehensive assessment of the substantive relationship.