Supreme Court, 23 April 2025, N. 10672
Cassazione
- III Civ.
Legal Principle
Contractual arbitration excludes court protection and with it any application by analogy of procedural rules made for regular arbitration. It produces an award that has only contractual effects.
Supreme Court, 3rd Civil Section, 30 April 2025, No. 11325
A judgment that declares the ordinary court lacks jurisdiction when deciding an objection based on an arbitration agreement, without deciding the merits, may be challenged only through the necessary regulation of jurisdiction under Article 819-ter, paragraph 1 of the Code of Civil Procedure - but only when dealing with regular arbitration. In the case of contractual arbitration, ordinary appeal is permitted.
Methodological Notes
standard
How to cite
Cassazione, 23/04/2025, n. 10672, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-23-april-2025-n-10672-en-1752236317/