With an order published on 2 September 2025, the Corte di Cassazione resolved a negative conflict of competence between an arbitrator and the ordinary judicial authority.
On the subject of competence, the Corte di Cassazione stated that “the proposition of an exception contrary to that raised by the same party before the arbitrators and accepted by them cannot be admitted, as such conduct constitutes “abusive use” of the procedural instrument”.
On this basis, in accepting the proposed jurisdiction rules, the Corte di Cassazione therefore resolved the conflict and established the competence of the ordinary judicial authority.
However, the Court did not rule on the issue left open by Italian Constitutional Court ruling no. 223 of 16-19 July 2013, namely the application of Article 44 of the Italian Code of Civil Procedure to the relationship between arbitration and litigation.
The bidirectionality of translatio iudicii, in relations between arbitrators and the ordinary judicial authority, is therefore not yet perfect, but it is now at least possible to prevent abusive objections of lack of competence.
Order of the the Italian Court of Cassation published on 2 September 2025.
