Court of Naples, 19 December 2025, No. 12059
Tribunale
di Napoli
Legal Principle
An arbitration clause inserted in a public procurement contract, pursuant to Article 241 of Legislative Decree No. 163/2006 as amended by Article 1, paragraph 19, of Law No. 190/2012, is null and void where the prior reasoned authorisation by the governing body of the contracting authority is lacking. Such authorisation constitutes a requirement for the validity of the clause and cannot be identified with the mere resolution approving the contract containing the arbitration agreement, as it must result from a formal act specifically referring to the submission to arbitration of disputes arising from the performance of the contract.
Methodological Notes
standard
How to cite
Tribunale di Napoli, 19/12/2025, n. 12059, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-naples-19-december-2025-no-12059-1770761756-8296/