Court of Padua, 30 November 2025, No. 1657
Tribunale
di Padova
Legal Principle
An arbitration clause contained in a standard form contract, unilaterally drafted by one of the parties, is ineffective against the adhering party where it has not been specifically approved in writing by the latter, pursuant to Article 1341 of the Civil Code.
The objection to jurisdiction based on the existence of an arbitration clause has logical and legal priority over the objection to jurisdiction based on the value of the claim, as the court must first ascertain the validity and effectiveness of the arbitration agreement before declining its jurisdiction in favour of another ordinary court.
Methodological Notes
standard
How to cite
Tribunale di Padova, 30/11/2025, n. 1657, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-padua-30-november-2025-no-1657-1769614761-9621/