In arbitration concerning public contracts, the constitution of the arbitral tribunal must comply with the forms prescribed by Article 209 of Legislative Decree No. 50/2016, which provides that the tribunal shall be composed of three members appointed by the Arbitration Chamber and that the president shall be designated by the same Chamber; constitution of the tribunal in breach of those requirements renders the award null under Article 829, paragraph 1, No. 2, of the Code of Civil Procedure.
For the purpose of determining whether arbitration is ritual or informal, regard must be had to the will of the parties as it emerges from the arbitration clause, the applicable regulatory framework and the procedural conduct of the parties; the characterisation adopted by the arbitral tribunal cannot prevail over the objective data arising from the contract and the law.
The failure by one of the parties to transmit the case file to the Arbitration Chamber cannot be construed as tacit acquiescence to the commencement of informal arbitration where that same party has expressly and consistently manifested its contrary intention.