Legal principle
In theme of arbitration between a professional professional and a consumer, the derogation to competence of the judicial authority in favor of the referees, is admissible where it comes the existence one specific negotiation between l E parts, test the which burden falls on the professional that intends use of the clause arbitration in derogation and which detects which logically element priest to the demonstration of the nature not vexatious of the clause.
Methodological notes
standard
Decision text and analysis
In+theme+of+arbitration+between+a+professional+professional+and+a+consumer,+the+derogation+to+competence+of the+judicial authority+in+favor+of the referees,+is+admissible+where+it comes+the existence+one+specific+negotiation+between+l E+parts,+test+the+which+burden+falls+on the+professional+that+intends+use+of the+clause+arbitration+in+derogation+and+which detects+which+logically element+priest+to the+demonstration+of the+nature+not+vexatious+of the+clause.
How to cite
Tribunale of Terni, 16 March 2025, No. 214, «Court of Terni, 16 March 2025, n. 214», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-terni-16-march-2025-n-214-en-1752207548/