An arbitration clause contained in special contract specifications referred to in the main contract is not binding where the document containing it has not been signed by the parties and, in the face of a specific challenge, no evidence has been provided that the specifications produced in proceedings correspond in fact to those mentioned in the contract.
The doctrine of perfect incorporation (relazione perfetta), pursuant to which the comprehensive reference to general contract specifications as an integral part of the contract confers binding effect on the clauses contained therein without the need for specific written approval, applies to public works contracts entered into with public authorities, but does not automatically extend to subcontracts, which remain structurally distinct from the main contract and subject to the rules of the Civil Code, the public law provisions typical of public works contracts not being applicable to them save through any express references inserted in the agreement.