Arbitration case law

sentenza

Court of Appeal of Catania, 12 January 2026, No. 41

Corte di Appello

Legal principle

The activity of an arbitrator carried out by a public administration employee does not fall within the institutional functions of the employment relationship and, in order to be separately remunerated, requires an instrument of appointment containing an indication of the availability of funds and of financial coverage, as well as the prior authorisation of the employing authority in accordance with the applicable rules, an instrument of appointment lacking such requirements and stating the absence of expenditure being insufficient.

Methodological notes

standard

Decision text and analysis

The activity of an arbitrator carried out by a public administration employee does not fall within the institutional functions of the employment relationship and, in order to be separately remunerated, requires an instrument of appointment containing an indication of the availability of funds and of financial coverage, as well as the prior authorisation of the employing authority in accordance with the applicable rules, an instrument of appointment lacking such requirements and stating the absence of expenditure being insufficient.

How to cite

Corte di Appello, 12 January 2026, No. 41, «Court of Appeal of Catania, 12 January 2026, No. 41», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-catania-12-january-2026-no-41-1774350881-1641/

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