Legal Principle

The presence of an arbitration clause in the contract prevents recourse to preventive technical assessment for conciliation purposes under article 696-bis of the Code of Civil Procedure, as a party who has signed the arbitration agreement cannot unilaterally request such procedure before the ordinary court, given the need to protect the counterpart's right to refer the examination and any conciliation to the arbitrators based on the contractual choice originally agreed upon.

Methodological Notes

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How to cite

Tribunale di Paola, 24/09/2025, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-paola-order-24-september-2025-1768816334-1551/

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