A provision that does not contain the parties’ express waiver of the ordinary courts’ jurisdiction, and that conflicts with another clause of the same agreement reserving to a party the right to seek judicial relief, does not constitute an arbitration clause, whether for arbitration or for contractual arbitration (arbitrato irrituale).
A contractual expert determination (perizia contrattuale) amounts to an arbitration clause for contractual arbitration (arbitrato irrituale) under art. 808-ter cod. proc. civ. only where the parties, in entrusting the third party with settling their dispute, expressly and unequivocally waive recourse to the courts and the jurisdiction of the State.