Legal principle
In public contracts, the vidity and effectiveness of an arbitration clause are conditional, pursuant to art. 241, para. 1, d.lgs. no. 163/2006, as amended by art. 1, para. 19, l. no. 190/2012, upon the prior adoption of a reasoned authorisation by the governing body of the contracting authority; the supervening legislation does not retroactively invalidate arbitration clauses that were originally valid, but prevents them from producing further effects in the future, so that the clause cannot be regarded as effective in the absence of the required authorisation, with the result that jurisdiction over the dispute vests in the ordinary courts.
Methodological notes
standard
Decision text and analysis
In public contracts, the vidity and effectiveness of an arbitration clause are conditional, pursuant to art. 241, para. 1, d.lgs. no. 163/2006, as amended by art. 1, para. 19, l. no. 190/2012, upon the prior adoption of a reasoned authorisation by the governing body of the contracting authority; the supervening legislation does not retroactively invalidate arbitration clauses that were originally valid, but prevents them from producing further effects in the future, so that the clause cannot be regarded as effective in the absence of the required authorisation, with the result that jurisdiction over the dispute vests in the ordinary courts.
How to cite
Tribunale of Nola, 26 June 2026, No. 2924, «Court of Nola, judgment of 26 June 2026, No. 2924», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-nola-judgment-of-26-june-2026-no-2924/