Legal principle
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, as the lack of jurisdiction by reason of the referral of the dispute to arbitration cannot be raised by the court of its own motion.
Methodological notes
standard
Decision text and analysis
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, as the lack of jurisdiction by reason of the referral of the dispute to arbitration cannot be raised by the court of its own motion.
How to cite
Tribunale of Milano, 30 January 2026, «Court of Milan, decree of 30 January 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-decree-of-30-january-2026-1774522926-5157/