Court of Naples, judgment of 1 May 2026, No. 7190

International commercial arbitration does not recognise the distinction between arbitration and contractual arbitration (arbitrato irrituale), being always classifiable quoad effectum as arbitration, consistently with the applicable legislation.
An arbitration clause in favour of foreign arbitration does not preclude the issue of a payment order by the ordinary court, since the consequent lack of jurisdiction pertains to the determination of a dispute requiring full adversarial proceedings, which are absent in the ex parte payment order phase; however, in opposition proceedings, the arbitration objection can and must be assessed by the Italian court, with the consequent declaration of lack of jurisdiction and revocation of the payment order.