The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, given that arbitral procedure does not contemplate...
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The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited...
The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, whilst preserving the respondent's right to raise...
Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible...
Decision
Court of Como, 6 June 2025, N. 490
An arbitration clause providing for informal arbitration is valid and effective without need for specific written approval under Article 1341(2) of the Civil Code, both...
Decision
Court of Milan, 6 June 2025, N. 4624
The validity of an arbitration clause must be evaluated autonomously from the contract to which it refers, according to Article 808 of the Code of...
Decision
Court of Milan, 6 June 2025, N. 4631
Incorporation by reference (rinvio per relationem) of an arbitration clause contained in another contract is valid when it is express and specific, making reference to...
Decision
Supreme Court, 6 June 2025, N. 15134
In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to breach of contractual obligations, disputes...
Decision
Supreme Court, 5 June 2025, N. 15095
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of the Civil Code, unlike a...
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order (decreto ingiuntivo - a summary procedure...