Legal Principle

The plea of an arbitration agreement under art. 819-ter cod. proc. civ. must be raised, on pain of preclusion, in the statement of defence duly filed in first instance proceedings; its late submission bars examination thereof also on appeal, and the relevant ground of appeal must be held to be unfounded.

Methodological Notes

standard

How to cite

Cassazione, 02/01/2026, n. 120, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-order-of-2-january-2026-n-120/

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