Court of Appeal of Lecce, judgment of 15 May 2026, No. 443
Corte di Appello
di Lecce
Legal Principle
In public contracts for works, services and supplies, an arbitration clause inserted without the prior reasoned authorisation of the governing body of the contracting authority is void pursuant to Article 209(3) of Legislative Decree No 50 of 18 April 2016, and the awards rendered on the basis of such a clause are consequently void, this being a mandatory provision compliance with which conditions the validity of recourse to arbitration, including for clauses inserted in contracts concluded before the entry into force of the new legislation, where the arbitral proceedings were commenced thereafter.
Methodological Notes
standard
How to cite
Corte di Appello di Lecce, 15/05/2026, n. 443, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-lecce-judgment-of-15-may-2026-no-443/