Court of Milan, 13 May 2025, N. 3877
Legal Principle
In foreign arbitration governed by the 1958 New York Convention, for arbitration clauses by reference the written form requirement is satisfied if the reference in the contract provides an express and specific reference to the arbitration clause, not if it is generic and constitutes a simple reference to the document or form containing the clause.
An arbitration clause by reference in foreign arbitration is invalid when references to general conditions do not expressly refer to the existence of an arbitration clause, limiting themselves to generic hyperlinks or references to internet sites that refer to different general conditions.
Methodological Notes
standard