Court of Brescia, 12 May 2025, N. 1951
Legal Principle
An arbitration clause in a document to which the contract refers is valid when the express reference ensures the parties are fully aware of the departure from ordinary court jurisdiction.
A reference to another document containing arbitration rules constitutes a perfect reference when it expressly and precisely indicates where the arbitration procedure rules may be found, even if that document is not physically attached to the contract.
An arbitration clause that refers to rules laid down in an entity's articles of association for regulating arbitration procedure is valid and effective when the reference is not generic but specific and the articles are easily consultable with ordinary diligence, being a public document.
Where there are doubts about the nature of the arbitration, if the arbitration clause is in the required written form, one should opt for regular arbitration rather than declaring the arbitration clause void.
Validity of an arbitration clause by reference does not require the referenced document to be physically attached to the contract, provided the reference contains a specific reference to the arbitration clause and is not merely a generic reference lacking any mention of referring disputes to an arbitrator.
Methodological Notes
standard