L’arbitrato nel settore dei contratti pubblici

The strong «administrationalization» that has invested – in the wake of anti-corruption legislation – arbitration in public procurement offers an opportunity to reflect on the role of the will of the parties with regard to the access and the discipline of the remedy in question, as well as on the significant conditioning that private autonomy suffers due to the peculiarities and the significant socio-economic impact of the interests at stake. The purpose is to overcome some prejudices and look with disenchantment at the «myth» of the voluntary nature of arbitration, arriving in this perspective not to demonize the constraints introduced to prevent and repress illegality within public administration.