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Court of Pordenone, 14 November 2025, n. 595

In contracts unilaterally drafted by the professional, the arbitration clause which derogates from the jurisdiction of the judicial authority in favour of an arbitral tribunal constitutes an unfair term within the meaning of consumer protection law. The effectiveness of such a clause is subject not only to the specific written approval required by Article 1341 of the Civil Code, but also to proof, the burden of which lies with the professional seeking to rely upon it, that the clause itself was the subject of individual negotiation with the consumer.

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