In the matter of the challenge of the arbitral award, a dispute concerning the payment of healthcare services rendered by a private provider under a contract concluded pursuant to art. 8-quinquies d.lgs. n. 502 of 1992 with a local health authority is capable of being referred to arbitration, it being a relationship governed by private law characterised by the parties’ equal standing, including with regard to the claim relating to admissions carried out in excess of those authorised by the local health authority. The communication by the local health authority that it is in financial difficulties does not constitute the exercise of a discretionary public-law power capable of affecting the contract and of removing the dispute from the jurisdiction of the ordinary courts and from the cognisance of the arbitrators.
