Legal Principle

An arbitration clause inserted in a public contract is void when it has not been preceded by the required prior authorisation from the governing body of the administration, as provided by Article 1(19) of Law 190/2012, or when it has not been indicated in the tender notice or invitation, as provided by Article 209 of Legislative Decree 50/2016. In both cases, this renders the arbitration clause inapplicable and establishes the jurisdiction of the ordinary courts.

Methodological Notes

standard

How to cite

Corte di Appello di Palermo, 06/10/2023, n. 1710, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-nola-3-june-2025-n-1710-en-1753526546/

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