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Supreme Court, order of 8 April 2026, N. 8863

The interpretation of the arbitration clause contained in a works contract or in the special conditions, for the purposes of characterising the arbitration as arbitration or as contractual arbitration (arbitrato irrituale), constitutes a finding of fact reserved to the court of merit, the outcome of which is reviewable on appeal in cassation only for breach of the interpretive criteria set out in artt. 1362 et seq. cod. civ. or for a defect of reasoning.

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