Supreme Court, 23 March 2026, N. 6927

The arbitration clause for contractual arbitration (arbitrato irrituale) contained in a works contract does not extend to disputes concerning claims of an extra-contractual nature, such as those founded on art. 1669 cod. civ. for collapse or serious defects of the work, for which the contract is merely a historical antecedent and not the causa petendi.
A contractual arbitration (arbitrato irrituale) award, being in the nature of a contract and not a judicial act, does not produce effects as against third parties who are not parties to the arbitration agreement; it follows that the settlement contained therein is unenforceable against successors in title of the employer who did not participate in the arbitral proceedings.