Legal Principle

The waiver of an arbitration clause providing for institutional arbitration must be proved by the party bringing proceedings before the ordinary court; the mere allegation of a waiver agreement, in the absence of proof and in the face of a challenge by the other party, is not sufficient to overcome the plea of lack of jurisdiction of the ordinary court.

Methodological Notes

standard

How to cite

Tribunale di Reggio Emilia, 29/01/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-reggio-emilia-order-of-29-january-2026-1774443275-7247/

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