Court of Milan, judgment of 15 June 2026, No. 4974

An arbitration clause contained in an individually negotiated contract is not subject to the requirement of specific written approval under Article 1341(2) of the Civil Code, since the contract does not constitute standard terms unilaterally drawn up by one party.
The arbitral tribunal, pursuant to Article 817-bis of the Code of Civil Procedure, has jurisdiction to determine a plea of set-off raised by a party, even where the cross-claim does not fall within the scope of the arbitration agreement.