sentenza
Court of Milano, judgment of 26 June 2026, No. 5324
Tribunale of Milano
Legal principle
An arbitration clause contained in general conditions of contract incorporated by reference into a framework agreement extends to all disputes arising from specific contracts concluded in performance of that agreement, where the general conditions expressly govern the subject matter thereof and the dispute falls within the scope of the clause; where that condition is satisfied, the ordinary court must declare its lack of competence in favour of the arbitrators.
Methodological notes
standard
Decision text and analysis
An arbitration clause contained in general conditions of contract incorporated by reference into a framework agreement extends to all disputes arising from specific contracts concluded in performance of that agreement, where the general conditions expressly govern the subject matter thereof and the dispute falls within the scope of the clause; where that condition is satisfied, the ordinary court must declare its lack of competence in favour of the arbitrators.
How to cite
Tribunale of Milano, 26 June 2026, No. 5324, «Court of Milano, judgment of 26 June 2026, No. 5324», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milano-judgment-of-26-june-2026-no-5324/