Court of Potenza, 25 June 2025, N. 1228
Legal Principle
The arbitration clause does not constitute an accessory of the contract in which it is inserted, but has its own individuality and autonomy clearly distinct from that of the contract to which it accedes. The invalidity or termination of the contract in whose contractual provisions the arbitration clause is inserted does not vitiate the validity and efficacy of the latter for deciding disputes arising from execution of that contract.
Acknowledgment of debt, pursuant to Article 1988 of the Civil Code, having confirmatory effect of a pre-existing fundamental relationship and determining procedural abstraction of the causa debendi, is not suitable to affect the efficacy of agreements previously reached by the parties, nor can it nullify the regular arbitration agreement provided therein.
Methodological Notes
standard