Disputes arising out of the performance of agreements supplementing or replacing an administrative measure, such as town-planning agreements, may be referred to arbitration only where they concern subjective rights and not legitimate interests.
An arbitration clause contained in a town-planning agreement which confines the reference to arbitrators to disputes concerning the extent or performance of the obligations assumed by the private party does not cover disputes relating to town-planning and development activity, nor those concerning the determination that the public body’s right to subject the areas concerned to public use is time-barred, which remain within the exclusive jurisdiction of the administrative courts.
A resolution by which the public body accepts that the arbitration is arbitration proper does not exclude its interest in applying for a ruling on jurisdiction (regolamento di giurisdizione).