Arbitration case law

ordinanza

Supreme Court, order of 2 January 2026, N. 120

Cassazione — III Civ.

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 — III Civ., 2 January 2026, No. 120, «Supreme Court, order of 2 January 2026, N. 120», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-order-of-2-january-2026-n-120/

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