ordinanza
Court of Prato, order of 1 July 2026 (R.G. 00001611/2025)
Tribunale of Prato
Legal principle
A reference in the arbitration clause to art. 806 et seq. cod. proc. civ. and a provision that the costs of the tribunal be allocated in the award according to the outcome point to arbitration, any doubt as to the parties' actual intention being in any event resolved in favour of arbitration.
Where the court declares that it lacks jurisdiction by reason of an arbitration clause, the parties must be granted a time limit to resume the proceedings before the arbitrators, following the declaration that art. 819-ter, co. 2, cod. proc. civ. is unconstitutional.
Methodological notes
standard
Decision text and analysis
A reference in the arbitration clause to art. 806 et seq. cod. proc. civ. and a provision that the costs of the tribunal be allocated in the award according to the outcome point to arbitration, any doubt as to the parties’ actual intention being in any event resolved in favour of arbitration.
Where the court declares that it lacks jurisdiction by reason of an arbitration clause, the parties must be granted a time limit to resume the proceedings before the arbitrators, following the declaration that art. 819-ter, co. 2, cod. proc. civ. is unconstitutional.
How to cite
Tribunale of Prato, 1 July 2026, «Court of Prato, order of 1 July 2026 (R.G. 00001611/2025)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-prato-order-of-1-july-2026-r-g-00001611-2025/