The judicial appointment of an arbitrator pursuant to art. 810 cod. proc. civ. constitutes an act of non-contentious voluntary jurisdiction, merely supplementing the contractual intention of the parties, with the aim of enabling the regular constitution of the arbitral tribunal; the court’s substitutive power is triggered where the person designated by the arbitration agreement to make the appointment has failed to do so.
For the purpose of exercising the power of judicial appointment of an arbitrator under art. 810 cod. proc. civ., it is sufficient that the arbitration agreement is not manifestly non-existent; a full examination of the validity or effectiveness of the arbitration clause is not required at this stage, as that question remains reserved to the arbitrators or to the court hearing any challenge to the award.