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Court of Appeal of Perugia, 18 December 2025, No. 705

An arbitration clause contained in a works contract entered into by a consortium may be invoked exclusively by the consortium itself, as the sole party to the contract, and not by individual consortium members, who lack standing to invoke such clause even though they are recipients of the performance under the works contract.
A final judgment declaring that individual consortium members lack standing to invoke the arbitration clause contained in the works contract entered into by the consortium operates as res judicata in respect of matters pleaded and matters that could have been pleaded only as between the parties to those proceedings, and does not extend to persons who did not participate therein.

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