Legal Principle

As regards arbitral competence, the presence of an arbitration clause does not preclude a party from applying for and obtaining from the ordinary court a payment order for a credit arising from the contract, without prejudice to the right of the debtor to raise the objection of arbitral competence by way of opposition, with the consequent requirement for the court to set aside the payment order and to refer the parties to the arbitral tribunal.

Methodological Notes

standard

How to cite

Tribunale di Milano, 15/04/2026, n. 3156, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-judgment-of-15-april-2026-no-3156/

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