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Court of Rome, 14 January 2026, No. 658

A contractual provision providing for recourse to a third party for the determination of the content of the contract pursuant to Article 1349 of the Civil Code, in the event that the experts appointed by the parties fail to reach agreement, does not constitute an arbitration clause capable of rendering inadmissible a court claim for termination of the contract for breach, where the clause contains no reference to disputes to be resolved by arbitration nor any obligation on the contracting parties to have prior recourse to arbitration.

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