An arbitration clause contained in a preliminary contract survives its failure to be reproduced in the definitive contract, constituting an autonomous agreement with procedural effects having a function distinct from the contract to which it relates, and may only be rendered void by a manifestation of will specifically directed to that effect.
An arbitration clause which establishes alternative methods for the appointment of the third arbitrator (agreement between party-appointed arbitrators or, failing that, appointment by the President of the Court) permits judicial designation when the impossibility for the two arbitrators to jointly identify the professional to be appointed has been established.
For the purposes of establishing the defect of failure to rule (*omessa pronuncia*) in an arbitral award under Article 829, paragraph 1, n. 12 of the Code of Civil Procedure, the mere absence of express determination on defensive arguments is not sufficient; rather, it is necessary that there has been a complete omission of the ruling indispensable for the resolution of the concrete case.
The failure to examine an application for the cancellation of offensive expressions under Article 89 of the Code of Civil Procedure cannot constitute grounds for nullity of an arbitral award, such provision being left to the discretion of the judge and the party's application being configured as a mere solicitation for the exercise of the related power.