Legal principle
The arbitration agreement, whether for arbitration or contractual arbitration (arbitrato irrituale), requires written form as a condition of validity (ad substantiam). The absence of proof of an arbitration clause in written form precludes the characterisation of a document as an arbitral award, a handwritten annotation appended to an electronic communication being incapable of constituting valid proof of the existence of a prior arbitration agreement entered into in the required form.
Methodological notes
standard
How to cite
Corte di Appello, 18 February 2026, No. 411, «Court of Appeal of Milan, 18 February 2026, No. 411», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-milan-18-february-2026-no-411-1775852620-3148/