Legal principle
Where the arbitration agreement provides that the appointment of arbitrators is to be made by a designated third party and that party fails to act within the prescribed time limit or declines the appointment, the substitute mechanism, if any, provided for in the same agreement applies, conferring the power of appointment on the president of the court within whose district the company has its registered office, upon the application of the more diligent party.
Methodological notes
standard
Decision text and analysis
Where the arbitration agreement provides that the appointment of arbitrators is to be made by a designated third party and that party fails to act within the prescribed time limit or declines the appointment, the substitute mechanism, if any, provided for in the same agreement applies, conferring the power of appointment on the president of the court within whose district the company has its registered office, upon the application of the more diligent party.
How to cite
Tribunale of Spoleto, 26 January 2026, «Court of Spoleto, decree of 26 January 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-spoleto-decree-of-26-january-2026-1774443275-7480/