sentenza
Court of Appeal of Milan, judgment of 30 June 2026, No. 2051
Corte di Appello of Milano
Legal principle
A contractual expert determination (perizia contrattuale) differs from arbitration and from contractual arbitration (arbitrato irrituale), since the third party is not entrusted with resolving the disputes between the parties but only with making a technical assessment that the parties undertake to accept as binding; its outcome may be challenged only by actions for annulment on grounds of mistake and for termination on grounds of non-performance.
Methodological notes
standard
Decision text and analysis
A contractual expert determination (perizia contrattuale) differs from arbitration and from contractual arbitration (arbitrato irrituale), since the third party is not entrusted with resolving the disputes between the parties but only with making a technical assessment that the parties undertake to accept as binding; its outcome may be challenged only by actions for annulment on grounds of mistake and for termination on grounds of non-performance.
How to cite
Corte di Appello of Milano, 30 June 2026, No. 2051, «Court of Appeal of Milan, judgment of 30 June 2026, No. 2051», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-milan-judgment-of-30-june-2026-no-2051/