Court of Naples, 19 December 2025, No. 12059

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.