Court of Nocera Inferiore, 8 July 2025, N. 2251

An arbitration clause which does not provide, failing to conform to the prescription of Article 34 of Legislative Decree 5/2003, that the nomination of the arbitrators must be effected by a person extraneous to the company, is null and void from the date of entry into force of the decree, even in the case of contractual arbitration (arbitrato irrituale) and even when the arbitral proceedings were commenced before that moment.