Legal Principle

Where an arbitration clause for arbitration is provided in the contract relied on in summary proceedings, once the objection of incompetence of the ordinary court has been upheld, the payment order must be declared void for incompetence of the court seized, even though the respondent has adhered to the objection, having legitimately commenced summary proceedings since ex parte summary proceedings fall outside the scope of the arbitration clause.

Methodological Notes

standard

How to cite

Tribunale di Velletri, 16/04/2026, n. 965, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-velletri-judgment-of-16-april-2026-no-965/

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