An arbitration clause providing for the referral of disputes to arbitrators acting as amiable compositeurs, who shall decide according to equity, without procedural formalities and with a final and binding award, constitutes a contractual arbitration (arbitrato irrituale), since the provision for a decision according to equity and the waiver of procedural formalities cannot unequivocally indicate arbitration.
An arbitration clause providing for contractual arbitration (arbitrato irrituale), as it does not constitute a derogation from the jurisdiction of the courts but rather a contractual waiver of the right of action, is not an unfair term within the meaning of art. 1341, para. 2, of the Civil Code and does not require specific written approval.