An arbitration clause contained in a public procurement contract concluded before the entry into force of Law N. 190 of 6 November 2012, whilst remaining valid, is struck by supervening ineffectiveness for want of prior reasoned authorisation by the governing body of the public administration, as introduced by Article 1, paragraph 19, of the said Law.
The prior administrative authorisation of arbitration for public procurement contracts constitutes a condition for effectiveness which cannot be identified with the resolution approving the contract containing the arbitration clause. Rather, it must be found in acts by which the public administration has manifested, with reference to a specifically identified dispute, its intention to avail itself of the arbitration clause.