Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction to another court constitutes a matter of substance that results in the nullity of the arbitration clause for conflict with mandatory provisions of law, with consequent ineffectiveness of the award.
There exists a lack of jurisdiction of the arbitral tribunal in favour of the Court of Audit when the dispute concerns liability action against directors of in-house providing companies, as the damage suffered by such company as a result of the directors’ conduct constitutes treasury damage, regardless of the private law nature of the company itself, pursuant to art. 12 para. 1 Legislative Decree 175/2016.