Court of Milan, 9 November 2021, n. 9086
Legal Principle
The clause compromise must, in lack of express will contrary, being interpreted in the sense that are falling in the competence arbitral all the disputes which si refer to claims with the causi petendi in the contract . with following, in presence a one clause bossial which allows to parts, in presence of the prerequisites of which to articles 633 ss. cod. Nsegna not is therefore excluding, must be interpreted in the sense that the procedural monitor it can be promoted, while they are donated in arbitration all the controversies deriving from the contract. as a further consequence, the process ordinary a cogniz ion full established A followed of the opposition A decree Injunctive, where it comes the exception of incompetence, it must be stopped in as expression of the potestas iudicandi ordinary of the court that the parts they wanted reserve to referees.
Methodological Notes
standard