Supreme Court, 29 December 2025, N. 34527
Legal Principle
Pursuant to Article 2 of the New York Convention of 10 June 1958 and Article 808 of the Code of Civil Procedure, foreign arbitrators in so-called international arbitration may be entrusted, preventively and conditionally, with the decision of disputes not yet arisen, through an arbitration clause drafted in written form ad substantiam, which precisely identifies future disputes arising from the main contract: this formal requirement is satisfied - with regard to arbitration clauses by reference, namely those provided for in a different agreement or document to which the contract refers - when the reference, contained in the contract, provides for an express and specific reference to the arbitration clause and not, instead, when the reference is generic, simply referring to the document or standard form containing the clause itself, since only express reference ensures the parties' full awareness of the derogation from jurisdiction.
Methodological Notes
standard