Court of Modena, 28 November 2025, n. 1428

The bringing of a judicial claim seeking the annulment of a contract containing an arbitration clause constitutes conclusive conduct incompatible with the intention to avail oneself of arbitral jurisdiction, with the consequence that a subsequent objection to the jurisdiction of the ordinary court in favour of arbitrators, raised by the same party in different but connected proceedings concerning the same contractual matter, must be dismissed by application of the principle prohibiting venire contra factum proprium.