A contractual expert determination (perizia contrattuale) has the nature of contractual arbitration (arbitrato irrituale) where it meets the requirements of art. 808-ter cod. proc. civ. and provides for the parties’ final waiver of recourse to the courts; otherwise it is an atypical arrangement of a merely contractual nature, which does not prevent the parties from bringing court proceedings also on the part of the dispute entrusted to the expert.
A binding contractual expert determination may be challenged, like an award rendered in contractual arbitration (arbitrato irrituale), only for defects capable of vitiating any expression of contractual will.