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
Decision text and analysis
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.
How to cite
Corte di Appello of Palermo, 6 October 2023, No. 1710, «Court of Nola, 3 June 2025, N. 1710», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-nola-3-june-2025-n-1710-en-1753526546/