Court of Milano, judgment of 6 August 2026, No. 6590

Characterising the clause as establishing arbitration entails the lack of jurisdiction of the ordinary court, whereas characterising it as establishing contractual arbitration (arbitrato irrituale) renders the claim inadmissible (improponibile).
The arbitration clause does not operate, irrespective of its characterisation, where the contract containing it is merely the factual background to the claims brought, which have their causa petendi not in the contractual stipulations but in the allegation of a tort.
Reference to the amount of the consideration stipulated in the contract, used merely as a measure for quantifying the loss, is incapable of characterising the claim as contractual and of founding arbitral jurisdiction.