decreto
Court of Torre Annunziata, decree of 15 July 2026 (R.G. 00002308/2026)
Tribunale of Torre annunziata
Legal principle
A clause of the general conditions of insurance providing for an expert procedure for the determination of the loss does not amount to an arbitration clause where the wording of the contractual provisions does not disclose any waiver by the parties of recourse to the ordinary courts.
The expert report drawn up at the conclusion of such a procedure, not being arbitral in nature, is neither binding nor decisive as to the determination of the circumstances of the loss and of the conditions under which cover operates, so that a claim founded upon it lacks the requirement of certainty needed for the issue of an order for payment (decreto ingiuntivo).
Methodological notes
standard
Decision text and analysis
A clause of the general conditions of insurance providing for an expert procedure for the determination of the loss does not amount to an arbitration clause where the wording of the contractual provisions does not disclose any waiver by the parties of recourse to the ordinary courts.
The expert report drawn up at the conclusion of such a procedure, not being arbitral in nature, is neither binding nor decisive as to the determination of the circumstances of the loss and of the conditions under which cover operates, so that a claim founded upon it lacks the requirement of certainty needed for the issue of an order for payment (decreto ingiuntivo).
How to cite
Tribunale of Torre annunziata, 15 July 2026, «Court of Torre Annunziata, decree of 15 July 2026 (R.G. 00002308/2026)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-torre-annunziata-decree-of-15-july-2026-r-g-00002308-2026/