The qualification of an arbitration clause as attributing institutional arbitration or contractual arbitration (arbitrato irrituale) must be conducted by applying the general rules of contractual interpretation, taking into account that in institutional arbitration the parties direct their will towards an award traceable to a jurisdictional solution capable of being rendered enforceable, whilst in contractual arbitration (arbitrato irrituale) they intend to entrust to the arbitrator the resolution of disputes through a contractual instrument.
The joint use of the expressions "institutional award" and "according to rules of law" in the arbitration clause prevails over the phrase "as amiable compositeur" for the purposes of qualifying the arbitration as institutional.
In case of doubt as to the nature of the arbitration agreed by the parties, the qualification as institutional arbitration must be preferred, it being necessary to consider the will to devolve the dispute to arbitrators, in the absence of express declaration to the contrary, as expression of a choice in favour of the typical institution regulated by the Code of Civil Procedure.