sentenza
Court of Milan, judgment of 29 June 2026, No. 5422
Tribunale of Milano
Legal principle
In proceedings opposing a payment order, the objection that the ordinary court lacks jurisdiction by reason of an arbitration agreement must be raised, on pain of forfeiture under art. 819-ter, co. 1, cod. proc. civ., in the writ of opposition, as the opponent's first defensive pleading.
In the absence of specific supranational rules, an objection that the dispute is referred to arbitration is to be examined under Italian procedural law, in application of the lex fori principle.
Methodological notes
standard
Decision text and analysis
In proceedings opposing a payment order, the objection that the ordinary court lacks jurisdiction by reason of an arbitration agreement must be raised, on pain of forfeiture under art. 819-ter, co. 1, cod. proc. civ., in the writ of opposition, as the opponent’s first defensive pleading.
In the absence of specific supranational rules, an objection that the dispute is referred to arbitration is to be examined under Italian procedural law, in application of the lex fori principle.
How to cite
Tribunale of Milano, 29 June 2026, No. 5422, «Court of Milan, judgment of 29 June 2026, No. 5422», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-judgment-of-29-june-2026-no-5422/