Legal principle
An arbitration clause contained in the constitution of an association, referring disputes between the association and its members to arbitration, is binding upon a member who has brought proceedings before the ordinary court in respect of disposable rights, with the consequence that the ordinary court lacks jurisdiction.
The arbitrability of a dispute referred to an arbitral tribunal by virtue of a statutory arbitration clause is conditional upon verification that the rights which are the subject of the claim do not fall among non-disposable rights, in respect of which the ordinary court retains exclusive jurisdiction.
Methodological notes
standard
How to cite
Tribunale of Siracusa, 5 January 2026, No. 19, «Court of Syracuse, 5 January 2026, No. 19», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-syracuse-5-january-2026-no-19-1774352705-1670/