Arbitration case law

ordinanza

Supreme Court, 7 May 2025, N. 12120

Cassazione — I Civ.

Legal principle

Public administration is prevented from using contractual arbitration to resolve disputes arising from contracts made with private parties. This is because resolving the dispute would be entrusted to people chosen within a contractual framework, without any legally determined procedure and without adequate guarantees of transparency and publicity in the choice.

Methodological notes

standard

Decision text and analysis

Public administration is prevented from using contractual arbitration to resolve disputes arising from contracts made with private parties. This is because resolving the dispute would be entrusted to people chosen within a contractual framework, without any legally determined procedure and without adequate guarantees of transparency and publicity in the choice.

How to cite

Cassazione — I Civ., 7 May 2025, No. 12120, «Supreme Court, 7 May 2025, N. 12120», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/supreme-court-7-may-2025-n-12120-en-1752236317/

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