Court of Venice, 10 June 2025, N. 2897
Legal Principle
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contract, whilst preserving the respondent's right to raise arbitral jurisdiction in opposition proceedings, with consequent necessity for the court to revoke the payment order and direct the parties before arbitration.
An arbitration clause formulated broadly that submits to arbitrators the definition of disputes relating to "interpretation," "performance" and "termination" of contract also comprehends claims relating to breach of contractual obligations for payment of consideration.
The acceptance of the exception of lack of jurisdiction by reason of arbitration clause entails revocation of the payment order and assignment of a time limit for introduction of arbitral proceedings.
Methodological Notes
standard