Court of Avellino, 5 August 2025, No. 1202

An arbitration clause inserted in a public procurement contract is null and void where it lacks the prior reasoned authorisation of the governing body of the contracting authority, as required by Article 209, paragraph 3, of Legislative Decree No. 50 of 18 April 2016. The nullity also operates where the clause provides for an arbitral procedure that differs from the model administered by the Arbitration Chamber for Public Contracts as imposed by law.