Legal Principle

The prior completion of testing of public works constitutes a procedural prerequisite that conditions the availability of arbitration, configuring itself as a procedural exception whose absence cannot be raised ex officio and which, where testing occurs during the arbitral proceedings and before the decision is rendered, makes the arbitral claim procedurally viable even if untimely filed before testing.

Methodological Notes

standard

How to cite

Cassazione, 09/12/2025, n. 31970, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-9-december-2025-n-31970-1768914850-1240/

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