Court of Rome, 24 October 2016, n. 19785

Since the referee irrital constitutes a institute atypical, derogatory of the institute typical of the arbitration ritual regulated from the law, and sfotito of the guarantees provided by the legislator per the latter, must be considered that, in lack a will derogation clearly desumbile from compromise or from the clause compromise, the reference of the parts to the solution of determined controversies by arbitration, normally constitutes expression of the will will reference to the arbitration ritual, i.e. to the institute typical regulated from the code of civil procedure.