The power to appoint a sole arbitrator vested in the President of the Court is subsidiary in character and may be exercised where the attempt to set in motion the appointment procedures provided for by the arbitration clause, involving the persons designated therein, has proved fruitless.
Appointment of the arbitrator by the President of the Court is admissible also in relation to an arbitration clause providing for contractual arbitration (arbitrato libero), within the limits of the scope of application of the clause relied upon, where the dispute brought before him falls within that scope.