Court of Modena, judgment of 5 May 2026, No. 627

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.