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/