Court of Naples North, judgment of 24 April 2026, No. 1475

The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue a payment order, but requires the court, in the event of a subsequent opposition based on the existence of the clause, to declare the opposed order null and void and to remit the dispute to arbitration.
An arbitration clause providing for a sufficiently determined mechanism for the appointment of arbitrators, distinguishing by reference to the value of the dispute between the jurisdiction of the arbitral tribunal and that of a sole arbitrator, is not vitiated by nullity for vagueness, since art. 809 of the code of civil procedure provides for a subsidiary method of appointment of arbitrators where the parties have not made provision, thereby enabling the deficient contractual provision to be supplemented and precluding a declaration of nullity.