Legal Principle

The plea of contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction but rather a question on the merits pertaining to the admissibility of the claim; it follows that the decision by which the court, upholding such plea, declares the claim inadmissible, is in the nature of a judgment dismissing the claim on the merits and not a ruling declining jurisdiction, so that an application for the determination of jurisdiction does not lie against it.

Methodological Notes

standard

How to cite

Cassazione, 02/03/2026, n. 4671, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-order-of-2-march-2026-n-4671/

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