Court of Ragusa, 15 June 2025, N. 922

sentenza

⚖️ Court: Tribunale di Ragusa

📅 Date: 15/06/2025

📄 Number: 922

The arbitration exception (exceptio compromissi) has a procedural character and constitutes a question of jurisdiction, therefore it must be raised, on pain of forfeiture, in the first defensive pleading of...

Court of Appeal of Naples, 14 June 2025, N. 3075

sentenza

⚖️ Court: Corte di Appello di Napoli

📅 Date: 14/06/2025

📄 Number: 3075

The procedure for determination of the value of a withdrawing member's share under Article 2473(3) of the Civil Code has exclusive nature and does not permit the member to resort...

Court of Ancona, 12 June 2025, N. 1086

sentenza

⚖️ Court: Tribunale di Ancona

📅 Date: 12/06/2025

📄 Number: 1086

The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order, given that arbitral procedure does not contemplate the issue of ex...

Court of Appeal of Rome, Order 12 June 2025

ordinanza

⚖️ Court: Corte di Appello di Roma

📅 Date: 12/06/2025

Absent express contrary intention, an arbitration clause must be interpreted as ascribing to arbitral jurisdiction all disputes that refer to claims having their causa petendi in the contract to which...

Court of Venice, 10 June 2025, N. 2897

sentenza

⚖️ Court: Tribunale di Venezia

📅 Date: 10/06/2025

📄 Number: 2897

The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contract, whilst preserving the respondent's right to raise...

Court of Messina, 9 June 2025, N. 1097

sentenza

⚖️ Court: Tribunale di Messina

📅 Date: 09/06/2025

📄 Number: 1097

The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited to the specific dispute which...

Court of Naples, 9 June 2025, N. 5703

sentenza

⚖️ Court: Tribunale di Napoli

📅 Date: 09/06/2025

📄 Number: 5703

The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, whilst preserving the respondent's right to raise arbitral jurisdiction in opposition proceedings,...

Court of La Spezia, Order 9 June 2025

ordinanza

⚖️ Court: Tribunale di La Spezia

📅 Date: 09/06/2025

Summary proceedings under Article 665 of the Code of Civil Procedure, by reason of their nature, do not fall within the ambit of claims submitted to arbitral tribunals and remain...

Court of Appeal of Genoa, 8 June 2025, N. 705

sentenza

⚖️ Court: Corte di Appello di Genova

📅 Date: 08/06/2025

📄 Number: 705

Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible any appeal against such pronouncement....

Supreme Court, 6 June 2025, N. 15134

ordinanza

⚖️ Court: Cassazione

📅 Date: 06/06/2025

📄 Number: 15134

In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to breach of contractual obligations, disputes concerning reduction of consideration aimed...