Court of Appeal of Ancona, 11 November 2025, No. 1357

An arbitration clause contained in a subcontract entered into for the execution of a specific and clearly identified work is not subject to the regime governing unfair contract terms under Articles 1341, paragraph 2, and 1342 of the Civil Code, as the requirement of unilateral drafting of the contractual terms for the regulation of an indefinite series of relationships is lacking, with the consequence that specific written approval is not required.
An arbitration clause signed by a person lacking representative powers is validly ratified by conclusive conduct (facta concludentia) where both parties give full performance to the contract containing it, thereby unequivocally manifesting their intention to avail themselves of the entire contractual arrangement, including the submission of disputes to arbitrators.