Court of Treviso, judgment of 24 June 2026, No. 889

A clause whereby the parties confer upon a third party only the task of attempting conciliation in respect of any disputes arising from the interpretation and performance of a given contract, providing that in the absence of agreement jurisdiction shall vest in the ordinary courts, does not constitute an arbitration agreement and does not imply a waiver of the right judicial protection; it is accordingly to be distinguished from a submission agreement for contractual arbitration (arbitrato irrituale), in which the third party is entrusted with the task of settling the dispute by way of transaction with binding effect on the parties. Failure to attempt the conciliation procedure so provided is no bar to the admissibility and prosecutability of legal proceedings.