Arbitration case law

sentenza

Court of Cosenza, judgment of 8 July 2026, No. 1000

Tribunale of Cosenza

Legal principle

An arbitration clause describing the members of the arbitral tribunal as amiables compositeurs leaves no doubt as to the contractual, rather than quasi-judicial, nature of the arbitration, which must be characterised as contractual arbitration (arbitrato irrituale).
An arbitration clause providing for contractual arbitration (arbitrato irrituale) contained in an agreement entered into by a public administration is null, since public administrations may not resort to contractual arbitration.

Methodological notes

standard

Decision text and analysis

An arbitration clause describing the members of the arbitral tribunal as amiables compositeurs leaves no doubt as to the contractual, rather than quasi-judicial, nature of the arbitration, which must be characterised as contractual arbitration (arbitrato irrituale).
An arbitration clause providing for contractual arbitration (arbitrato irrituale) contained in an agreement entered into by a public administration is null, since public administrations may not resort to contractual arbitration.

How to cite

Tribunale of Cosenza, 8 July 2026, No. 1000, «Court of Cosenza, judgment of 8 July 2026, No. 1000», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-cosenza-judgment-of-8-july-2026-no-1000/

Share this decision