sentenza
No. 3904
Year: 2025

Court of Santa Maria Capua Vetere, 3 December 2025, No. 3904

⚖️ Tribunale di Santa Maria Capua Vetere
📅

Legal Principle

An arbitration clause which refers to an arbitral tribunal disputes concerning the interpretation or application of the contract must be interpreted, in the absence of express contrary intention of the parties, in an extensive sense, with reference to all disputes relating to claims arising from the contract itself, including those concerning the breach of contractual obligations, such as the non-payment of instalments.
The existence of an arbitration clause does not preclude the possibility of obtaining an injunction order from the ordinary court for a debt arising from the contract. However, where the respondent raises the objection of arbitration agreement in opposition proceedings, the court hearing the opposition is required to revoke the injunction order and to declare the claim inadmissible before the ordinary judicial authority, without prejudice to the functional jurisdiction of the court which issued the order to hear the opposition.

Methodological Notes

standard

How to cite

Tribunale di Santa Maria Capua Vetere, 03/12/2025, n. 3904, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-santa-maria-capua-vetere-3-december-2025-no-3904-1769520015-4914/