Arbitration case law

ordinanza

Court of Naples, order of 30 June 2026 (R.G. 00012259/2026)

Tribunale of Napoli

Legal principle

Eviction validation proceedings, which fall within the functional and mandatory jurisdiction of the court, cannot be referred to arbitrators as regards the summary phase, without prejudice to the possible operation of the arbitration clause in the full-cognition phase.
An objection based on an arbitration clause raises, since arbitrators are private adjudicators, a preliminary question of the inadmissibility of the court claim.

Methodological notes

standard

Decision text and analysis

Eviction validation proceedings, which fall within the functional and mandatory jurisdiction of the court, cannot be referred to arbitrators as regards the summary phase, without prejudice to the possible operation of the arbitration clause in the full-cognition phase.
An objection based on an arbitration clause raises, since arbitrators are private adjudicators, a preliminary question of the inadmissibility of the court claim.

How to cite

Tribunale of Napoli, 30 June 2026, «Court of Naples, order of 30 June 2026 (R.G. 00012259/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-naples-order-of-30-june-2026-r-g-00012259-2026/

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