Legal principle
The application for incidental declaration of nullity of an arbitration clause is supported by a legally relevant interest only where the counterparty actually intends to rely on the arbitration clause, with the consequence that, in the absence of such precondition, the application for incidental declaration lacks standing to sue.
Methodological notes
standard
How to cite
Tribunale of Palermo, 30 December 2025, «Court of Palermo, order of 30 December 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-palermo-order-of-30-december-2025-1770826161-7972/