The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties’ intention to achieve, in the first case, an award capable of being rendered enforceable pursuant to art. 825 of the Code of Civil Procedure, while in the second case it is limited to entrusting the arbitrator with the resolution of disputes through a mere contractual instrument.
The capability of the arbitral award to be susceptible to enforcement pursuant to art. 825 of the Code of Civil Procedure constitutes the distinguishing characteristic of institutional arbitration as opposed to contractual arbitration (arbitrato irrituale).
For the purposes of identifying the institutional or contractual nature of the award, the nature of the arbitration clause agreement is irrelevant, but rather the nature of the act actually implemented by the arbitrators.
The decree pursuant to art. 825 of the Code of Civil Procedure may be issued exclusively with respect to awards having an institutional nature.