Court of Bari, 16 May 2025, N. 1890

Power of attorney issued for arbitration proceedings does not automatically enable the lawyer to represent in ordinary proceedings, constituting a "special" mandate not equivalent to power of attorney under Article 83 of the Code of Civil Procedure, which must be expressly issued for ordinary proceedings, considering the private nature of arbitration which makes the rules on power of attorney not automatically extendable from court proceedings to arbitration and vice versa.
Arbitration clauses in contracts between professionals and consumers are not unfair under Article 33 of Legislative Decree 206/2005 when they result from effective individual negotiation, characterized by seriousness, effectiveness and individuality, with consequent exclusion of consumer protection rules where the consumer had concrete possibility to influence contractual content.