Court of Cosenza, order of 17 July 2026 (R.G. 00001658/2026)

An arbitration clause providing indifferently for arbitration proper or for contractual arbitration (arbitrato irrituale) is to be characterised as a clause for arbitration proper, since it does not disclose any unequivocal intention of the parties to depart from the relevant statutory regime and account must be taken of the greater guarantees afforded by that form of arbitration as regards the enforceability of the award and the regime of challenges.
For the purposes of appointing an arbitrator under art. 810 cod. proc. civ., the President of the Court verifies that the applicant has adduced proof of the invitation to the other party to make its appointment and that the arbitration clause is neither manifestly non-existent nor manifestly provides for a foreign arbitration.