Article 15, para. 3, of Decree-Law No. 195/2009, converted by Law No. 26/2010, renders null and void arbitration agreements and arbitration clauses inserted in contracts concluded for the implementation of works connected with declarations of a state of emergency pursuant to art. 5, para. 1, Law No. 225/1992 and of major events pursuant to art. 5-bis, para. 5, Decree-Law No. 343/2001; the provision has retroactive effect and governs all contracts falling within the specified categories regardless of the date of their conclusion, subject to the express exception for arbitral tribunals before which proceedings have completed the evidentiary phase as at the date of entry into force of the decree.
An arbitration clause contained in a public service concession contract concluded before the entry into force of art. 1, para. 19, of Law No. 190/2012, although remaining valid under the pre-existing rules of art. 241, para. 1, of Legislative Decree No. 163/2006, is affected by supervening ineffectiveness for lack of the authorisation of the governing body of the contracting authority required by the amended provision; such supervening ineffectiveness, unlike nullity, must be raised by the party concerned within the assertive preclusion rules and cannot be raised by the court of its own motion.
The repeal of art. 241, para. 1, of Legislative Decree No. 163/2006 by art. 217, para. 1, of Legislative Decree No. 50/2016 does not operate retroactively, taking effect only from the date of entry into force of the new public procurement code, in accordance with the general principle set out in art. 11 of the Preliminary Provisions to the Civil Code.