An arbitration clause contained in a contract unilaterally drafted by the public administration for a single and specific contractual matter is not subject to the rules on standard terms and conditions pursuant to articles 1341 and 1342 of the Civil Code, and therefore does not require specific written approval, as it does not constitute a contract of adhesion intended to regulate an indefinite series of relationships.
An arbitration clause which provides for the submission of disputes to a panel of arbitrators acting as amiable compositeurs, in the absence of an express agreement indicating the contractual determination value of the award, must be qualified as an institutional arbitration agreement, since the expression "amiable compositeur" may be understood as a mere conferral upon the arbitrator of the power to decide according to equity.
Pursuant to article 12 of Legislative Decree no. 104/2010, disputes concerning subjective rights falling within the exclusive jurisdiction of the administrative court, including those relating to concession agreements for public property, may be resolved by institutional arbitration at law, with the consequence that the objection of lack of jurisdiction in favour of the administrative court is irrelevant where an arbitration agreement has been validly concluded.
The provision of article 6, paragraph 2, of Law no. 205/2000, subsequently incorporated into article 12 of Legislative Decree no. 104/2010, although innovative in nature, cures ex nunc the invalidity of arbitration clauses concluded prior to its entry into force, allowing arbitral proceedings to be commenced even on the basis of agreements concluded under the previous rules which excluded the arbitrability of disputes falling within the exclusive jurisdiction of the administrative court.