Arbitration case law

ordinanza

Court of Siena, order of 18 June 2026 (R.G. 00002053/2025)

Tribunale of Siena

Legal principle

An arbitration clause providing for the appointment of arbitrators in accordance with the procedure set out in Article 810 of the Code of Civil Procedure and for the intervention of the President of the Chamber of Commerce solely for the purpose of appointing the third arbitrator in the event of disagreement constitutes an ad hoc arbitration and not an institutional arbitration.
The plea of the arbitration agreement is procedural in nature and raises a question of jurisdiction.
An arbitration clause providing for ad hoc arbitration is valid even in the absence of any indication of the applicable arbitration rules, since no provision of law requires such an indication.

Methodological notes

standard

Decision text and analysis

An arbitration clause providing for the appointment of arbitrators in accordance with the procedure set out in Article 810 of the Code of Civil Procedure and for the intervention of the President of the Chamber of Commerce solely for the purpose of appointing the third arbitrator in the event of disagreement constitutes an ad hoc arbitration and not an institutional arbitration.
The plea of the arbitration agreement is procedural in nature and raises a question of jurisdiction.
An arbitration clause providing for ad hoc arbitration is valid even in the absence of any indication of the applicable arbitration rules, since no provision of law requires such an indication.

How to cite

Tribunale of Siena, 18 June 2026, «Court of Siena, order of 18 June 2026 (R.G. 00002053/2025)», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-siena-order-of-18-june-2026-r-g-00002053-2025/

Share this decision