sentenza
Court of Milan, judgment of 15 June 2026, No. 4982
Tribunale of Milano
Legal principle
Where a contractual arbitration (arbitrato irrituale) clause exists, a judicial claim is inadmissible before the ordinary court, and any order for payment that has been issued must be set aside.
The jurisdiction of the arbitrators is displaced in favour of that of the court only if both parties waive the clause, including tacitly by commencing or defending proceedings without invoking it.
Methodological notes
standard
Decision text and analysis
Where a contractual arbitration (arbitrato irrituale) clause exists, a judicial claim is inadmissible before the ordinary court, and any order for payment that has been issued must be set aside.
The jurisdiction of the arbitrators is displaced in favour of that of the court only if both parties waive the clause, including tacitly by commencing or defending proceedings without invoking it.
How to cite
Tribunale of Milano, 15 June 2026, No. 4982, «Court of Milan, judgment of 15 June 2026, No. 4982», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-judgment-of-15-june-2026-no-4982/