Court of Salerno, 15 July 2025, N. 3143
Tribunale
di Salerno
Legal Principle
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the contract, the right remaining to the enjoined party to object to arbitral jurisdiction in opposition proceedings.
When opposition to the injunctive decree has been raised and the debtor objects to arbitral jurisdiction, the jurisdiction of the court previously seised ceases, which must revoke the injunctive decree and refer the parties before the arbitral tribunal.
Methodological Notes
standard
How to cite
Tribunale di Salerno, 15/07/2025, n. 3143, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-salerno-15-july-2025-n-3143-1759503381-2044/