Court of Tempio Pausania, decree of 7 September 2026 (R.G. 00000625/2026)

Competence to constitute the arbitral tribunal provided for by the company's articles of association belongs, under artt. 810 and 838-bis cod. proc. civ., to the president of the court in whose district the seat of the arbitration designated in the articles is located, an erroneous reference in the application to a different judicial office being immaterial where it is recognisable as a mere clerical error.
The court seised of the appointment of the arbitrators proceeds to constitute the tribunal where the arbitration agreement is not manifestly non-existent and none of the impediments provided for by art. 810 cod. proc. civ. applies.
The arbitrators appointed must accept their office in the forms and by the declaration provided for by art. 813 cod. proc. civ.