sentenza
No. 3173
Year: 2025

Court of Santa Maria Capua Vetere, 15 October 2025, n. 3173

⚖️ Tribunale di Santa Maria Capua Vetere
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Legal Principle

An arbitration clause contained in a contract and signed by both parties is valid and effective in the absence of express disavowal of the entire agreement, not requiring the double signature provided for by art. 1341 of the Civil Code when general conditions unilaterally drafted are not involved.
An arbitration clause referring generically to disputes arising from the contract to which it pertains encompasses all and only those disputes having their causa petendi in the contract itself, excluding those that have in it merely a historical basis.
The activity of institutional arbitrators has a jurisdictional nature and substitutes for the function of the ordinary judge, so that the determination of whether a dispute belongs to arbitral or judicial cognizance is configured as a matter of jurisdiction.

Methodological Notes

standard

How to cite

Tribunale di Santa Maria Capua Vetere, 15/10/2025, n. 3173, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-santa-maria-capua-vetere-15-october-2025-n-3173-1768914064-7889/