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Court of Torre Annunziata, judgment of 8 June 2026, No. 1631

An arbitration clause referring to arbitration disputes concerning the interpretation and performance of the contract precludes the ordinary court from issuing a payment order. A payment order issued in breach of the arbitration clause is void and must be set aside, with the parties being referred to the arbitrator.
In light of the broad interpretive criterion set out in art. 808 quater of the Code of Civil Procedure, an arbitration clause referring to disputes concerning the interpretation and performance of the contract also encompasses claims for payment of instalments arising from the same contractual relationship.

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