Court of Monza, 24 October 2025, No. 1885
Legal Principle
In matters of contractual arbitration (arbitrato irrituale) governed by general sector conditions, the arbitration clause contained in contracts concluded through a broker by tacit acceptance and signature of the broker alone in the interest of both parties must be deemed validly concluded when the parties do not object within the contractually provided term, producing the effects under Article 808-ter of the Code of Civil Procedure.
The objection of contractual arbitration (arbitrato irrituale) renders the judicial claim inadmissible and does not affect the jurisdiction of the ordinary court, unlike what is provided for institutional arbitration, as Article 819-ter of the Code of Civil Procedure regarding resumption of proceedings does not apply.
Methodological Notes
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