Court of Naples, 15 July 2025, N. 7127

The inadequate identification, in the arbitration agreement, of the arbitral institution to which is entrusted the nomination of the arbitrators, as well as the identification of a non-existent arbitral institution, determine the invalidity or non-operativeness of the arbitration agreement itself [per incuriam].
The failure to resume proceedings before the arbitral tribunal, ordered by judgment declaring lack of jurisdiction, entails the extinction of the proceedings but does not preclude the re-proposition of the claim, provided other preclusions have not matured.