Arbitration case law

sentenza

Court of Nocera Inferiore, judgment of 22 July 2026, No. 1806

Tribunale of Nocera Inferiore

Legal principle

A contractual term making the pursuit of the insured's action conditional upon the prior drawing up of an expert report by a board of arbitrators is potentially unfair; in the absence of an express sanction of inadmissibility, the provision for a contractual expert determination must be construed as a mere option and not as a condition of admissibility of the claim.

Methodological notes

standard

How to cite

Tribunale of Nocera Inferiore, 22 July 2026, No. 1806, «Court of Nocera Inferiore, judgment of 22 July 2026, No. 1806», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-nocera-inferiore-judgment-of-22-july-2026-no-1806/

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