Legal Principle

The foundation of any arbitration lies in the free choice of the parties, who may derogate from an arbitration clause tacitly as well as expressly, so that the plea of arbitration, arising from the existence of an arbitration clause in the articles of association, is a plea in the strict sense that must be raised by a party and may not be raised by the court of its own motion, and a declaration of lack of competence is conditional upon the defendant having raised the relevant plea.

Methodological Notes

standard

How to cite

Tribunale di Trapani, 12/05/2026, n. 383, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-trapani-judgment-of-12-may-2026-no-383/

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