Legal Principle

The plea of arbitral jurisdiction, being a defence in the strict sense left to the parties' disposition, must be raised by the defendant within the time limits prescribed by art. 171-ter of the Code of Civil Procedure; entering an appearance after those time limits have expired results in the forfeiture of the right to challenge the jurisdiction of the ordinary court in favour of arbitration, rendering the plea inadmissible.

Methodological Notes

standard

How to cite

Tribunale di Venezia, 05/05/2026, n. 8245, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-venice-judgment-of-5-may-2026-no-8245/

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