Court of Appeal of Roma, judgment of 21 August 2026, No. 6251

Arbitration clauses included in public service concession agreements concluded before the entry into force of the rules which removed the prohibition on referring the relevant disputes to arbitrators are void, with the consequent nullity of the awards founded upon them.
A cross-claim established by an award declared void cannot be relied upon by way of set-off, the requirement that the claim be certain not being met.