ordinanza
No. 20055
Year: 2026

Supreme Court, order of 16 June 2026, N. 20055

⚖️ Cassazione - II Civ.
📅

Legal Principle

In the matter of interpretation of the arbitration clause, the principle of favour for arbitral jurisdiction set out in art. 808-quater cod. proc. civ. operates with regard to the scope of the subject-matter referred to arbitrators by the relevant agreement, and not with regard to the arbitral choice itself made by the parties; an arbitration clause containing a reference to certain abstract categories is to be construed, pursuant to art. 1362 cod. civ., on the basis of the common intention of the parties, without being confined to the literal meaning of the words used.
The arbitration clause, in the absence of an express contrary intention, is to be interpreted as referring to arbitral jurisdiction all disputes relating to claims having their causa petendi in the contract to which it is appended; a restrictive interpretation requiring that closely connected issues be submitted to two different adjudicating bodies would be at odds with the function of the arbitration clause.

Methodological Notes

standard

How to cite

Cassazione, 16/06/2026, n. 20055, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-order-of-16-june-2026-n-20055/