In public works contracts concluded in the Region of Sicily, the intention to refer disputes to arbitration cannot be inferred from a mere reference to the general conditions of contract set out in d.P.R. 1063/1962, since the source of the arbitration is to be found in the regional legislation (art. 9 l.r. Sicilia 21/1973 and art. 32 co. 1 l.r. Sicilia 21/1985) which refers to d.P.R. 1063/1962 and l. 741/1981, as amended following Corte cost. 152/1996; a contractual clause making reference to the general conditions of contract is merely declaratory of the law and is not apt to replace the law itself as a contractual source.
By virtue of the declaration of constitutional illegitimacy of art. 16 l. 741/1981 by Corte cost. 152/1996, arbitral jurisdiction in public works contracts governed by the general conditions of contract set out in d.P.R. 1063/1962 may be excluded by either party by commencing proceedings before the competent court, in application of art. 47 of the said d.P.R. in its original formulation.