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Court of Rieti, 15 February 2026, No. 68

The arbitration clause that does not specify whether the arbitration is to be formal or contractual (arbitrato irrituale) is not void for indeterminacy, given that, in the absence of a specific choice of contractual arbitration (arbitrato irrituale), the provisions of Title VIII of Book IV of the Code of Civil Procedure apply pursuant to Article 808-ter of the Code of Civil Procedure.
The arbitration clause contained in the articles of association of an entity referring disputes to the arbitration chamber established at the nearest chamber of commerce must be understood as referring to the chamber of commerce geographically closest to the registered office of the entity at which an arbitration chamber has actually been established, irrespective of whether the chamber of commerce of the place where the entity has its registered office has established such a body.

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