Court of Milan, judgment of 29 June 2026, No. 5407

An objection based on the arbitration agreement raised before the ordinary court concerns the merits and not jurisdiction or competence, since the effect of the arbitration clause is a waiver of the jurisdiction of the courts and of the right to bring court proceedings.
Under art. 808-quater cod. proc. civ., an arbitration clause referring to arbitrators disputes arising in any way from the contract extends to a claim seeking a declaration of the contractor's liability under art. 1669 cod. civ., and the filing of a counterclaim does not amount to acceptance of the ordinary courts' jurisdiction.
The existence of an arbitration clause does not exclude the ordinary court's power to issue a payment order for a debt arising from the contract, without prejudice to the debtor's right to raise the arbitrators' jurisdiction in opposition proceedings, in which case the order must be revoked.