Legal principle
When appointing arbitrators pursuant to Article 810 of the Code of Civil Procedure, the President of the Court is required to verify that the arbitration agreement is not manifestly non-existent and that it does not manifestly provide for a foreign arbitration, such ascertainments constituting the prerequisite for the exercise of the power of appointment.
In the appointment of arbitrators by the President of the Court pursuant to Article 810 of the Code of Civil Procedure, the selection criterion based on the nature of the dispute is legitimate, the judicial authority being entitled to identify professionals possessing specific expertise in the subject matter of the arbitral proceedings.
Methodological notes
standard
Decision text and analysis
When appointing arbitrators pursuant to Article 810 of the Code of Civil Procedure, the President of the Court is required to verify that the arbitration agreement is not manifestly non-existent and that it does not manifestly provide for a foreign arbitration, such ascertainments constituting the prerequisite for the exercise of the power of appointment.
In the appointment of arbitrators by the President of the Court pursuant to Article 810 of the Code of Civil Procedure, the selection criterion based on the nature of the dispute is legitimate, the judicial authority being entitled to identify professionals possessing specific expertise in the subject matter of the arbitral proceedings.
How to cite
Tribunale of Siena, 23 November 2025, «Court of Siena, order of 23 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-siena-order-of-23-november-2025-1769463157-2379/