Arbitration case law

sentenza

Court of Spoleto, 29 October 2025, No. 520

Tribunale of Spoleto

Legal principle

The arbitration clause that refers to arbitrators the cognisance of disputes relating to the interpretation and performance of the contract is not applicable to claims for damages and, where there are multiple connected claims of which only some fall within arbitral jurisdiction, this is absorbed and excluded by ordinary jurisdiction. [PER INCURIAM]
The arbitration clause generically referring to disputes arising from the interpretation of the contract and the performance of works, in the absence of express contrary intention, includes within arbitral jurisdiction all and only those disputes having their causa petendi in the contract itself, excluding those which have in it merely a historical premise.

Methodological notes

per incuriam

How to cite

Tribunale of Spoleto, 29 October 2025, No. 520, «Court of Spoleto, 29 October 2025, No. 520», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-spoleto-29-october-2025-no-520-1769079691-8442/

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