Legal Principle

An arbitration clause which entirely delegates to a third-party body the determination of the arbitration rules, including the choice as to the institutional or contractual (arbitrato irrituale) nature of the arbitration, the number of arbitrators and the manner of their appointment, is void for uncertainty, lacking the essential requirements imposed by law for the validity of the arbitration agreement pursuant to Articles 808-ter and 824-bis of the Code of Civil Procedure.

Methodological Notes

standard

How to cite

Corte di Appello di Napoli, 19/11/2025, n. 5873, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-19-november-2025-no-5873-1769356844-6943/

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