An arbitration clause inserted in a contract concluded between a professional and a condominium is subject to the consumer protection rules set out in Legislative Decree No. 206/2005, given that the condominium administrator acts as agent with representative authority for the individual condominium owners, who must be considered consumers as natural persons acting for purposes unrelated to business or professional activity.
An arbitration clause contained in a contract entered into with a consumer is presumed to be unfair pursuant to Article 33, paragraph 2, letter t) of Legislative Decree No. 206/2005, as it introduces a derogation from the jurisdiction of the ordinary judicial authority, and the resulting nullity cannot be cured by means of the specific signature required by Article 1341 of the Civil Code, but only through proof, the burden of which lies with the professional, of the existence of individual negotiation characterised by the requirements of seriousness, effectiveness and individuality, such as to enable the consumer to exercise genuine bargaining power over the clause itself.