An arbitration clause that expressly provides for judgment according to equity in the form of contractual arbitration (arbitrato irrituale), without observance of the rules and time limits established by law and without proceeding to deposit the award, constitutes contractual arbitration (arbitrato irrituale), whose award cannot be declared enforceable pursuant to art. 825 para. 1 of the Code of Civil Procedure.
The jurisprudential principle according to which in case of doubt regarding the formulation of the arbitration clause the arbitration must be considered institutional does not apply when the parties have expressly provided that it is contractual arbitration (arbitrato irrituale), there being no uncertainty as to the contractual intention.