Legal Principle

An arbitration clause included in general terms and conditions drafted by a professional operator, conferring jurisdiction to decide disputes upon administered arbitration, is not enforceable against a user who is a consumer, where the same clause, by reason of its wording or of the general conditions framework in which it is embedded, is expressly applicable only to non-consumer users, so that jurisdiction over consumer disputes remains vested in the ordinary courts.

Methodological Notes

standard

How to cite

Tribunale di Modena, 05/05/2026, n. 627, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-modena-judgment-of-5-may-2026-no-627/

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