The arbitration clause that refers to contractual arbitration (arbitrato irrituale) but simultaneously attributes to the decision of the arbitral tribunal the nature of a "judgment" is ambiguous; in such case, according to established case law, the arbitration must be deemed to be of a formal nature.
The breadth of the referral to the arbitral tribunal of any dispute relating to the validity, effectiveness, interpretation and performance of the contract, such as to encompass both the formative and the functional and executory aspects of the relationship, constitutes an indication of the formal nature of the arbitration, being hardly compatible with a mere contractual arbitration (arbitrato irrituale) understood as a simple agreement for determination.
Consumer protection legislation also applies to arbitration clauses establishing contractual arbitration (arbitrato irrituale), since they too entail a derogation from the jurisdiction of the ordinary courts.
The arbitration clause lacking specific written approval pursuant to Article 1341 of the Civil Code is unfair and therefore invalid, whether it establishes arbitration or contractual arbitration (arbitrato irrituale).