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/