Art. 210. Chamber of Arbitration, list of arbitrators and list of secretaries

1. The Chamber of Arbitration for Public Contracts related to works, services and, supplies, hereinafter the “Chamber of Arbitration”, shall be created at ANAC.

2. The Chamber of Arbitration shall oversee the formation and maintenance of the Professional List of arbitrators for public contracts, shall prepare the deontological code for arbitration in chambers and shall provide for the necessary requirements for the establishment and functioning of the arbitration board.

3. The President and the arbitration council shall be bodies of the Chamber of Arbitration.

4. The arbitration council shall be composed of five members, appointed by ANAC from among parties having specific competence in the area of public contracts for works, services and supplies, in order to guarantee the independence and autonomy of the institute, as well as having the requisites of honorability established by the same Authority. ANAC shall select the President internally. The appointment shall be for a period of five-years and shall be remunerated in the amount determined by the appointment measure, within the limits of the resources attributed to the Authority. The President and members are subject to the incompatibilities and prohibitions provided by paragraph 10.

5. To carry out its functions, the Chamber of Arbitration shall use a secretarial structure with staff provided by ANAC.

6. The Chamber of Arbitration shall prepare an annual survey of the data appearing from controversies regarding public contracts and send it to the Authority and to the Steering Committee set forth in Article 212.

7. Without prejudice to what is provided by Article 1, paragraph 18 of Law No. 190 of 6 November 2012, the persons belonging to the following categories can be enrolled in the list of arbitrators of the Chamber of Arbitration:

a) attorneys registered with ordinary and special bars who are authorized to practice before superior courts who have the requisites for the appointment as counsellor to the Court of Cassation;

b) experts who have a college degree in engineering and architecture who are authorized to exercise the profession for at least 10 years and who are registered with the relative lists;

c) tenured university professors in legal and technical subjects and managers of the public administrations, who have demonstrated experience in the field of public contracts for works, services and supplies.

8. The Chamber of Arbitration shall also, in a separate section, maintain the list of experts for the appointment of expert consultants in arbitrations. Persons can be registered in the list who have a college degree and at least 5 years demonstrated professional experience, with the relative registration in a professional list, if required.

9. The persons indicated in paragraph 7, clauses a), b) and c), as well as in paragraph 8 of this Article, shall respectively be included in the list of arbitrators and in the list of experts, upon application accompanied by curriculum and adequate documentation demonstrating the prerequisites.

10. Registration in the list of arbitrators and in the list of experts has a three-year validity and can be reobtained after two years have passed from the expiration of the three-year period. Without prejudice to what is provided by Article 53 of Legislative Decree No. 165 of 30 March 2001, as modified by Article 1, paragraph 42, clause l of Law No. 190 of 6 November 2012, during the period in which they belong [to the list] and during the following three years, the persons registered in the list cannot carry out professional appointments on behalf of the parties to the arbitrations decided by them, including appointment as the arbitrator chosen by the party.

11. The above is without prejudice to the cases of recusal set forth in Article 815 of the Italian Code of Civil Procedure.

12. In the cases set forth in Article 209, paragraph 7, the Chamber of Arbitration shall also supervise the maintenance of the list of secretaries for the arbitration boards. The list can include officers who have a college degree in legal or economic or equivalent areas, and if necessary, technical areas, who are included in the registers of the public administrations set forth in Legislative Decree No. 165 of 30 March 2001, who have at least five years seniority in a register. Any charges related to maintaining the list shall be borne by the persons interested in registration, providing suitable tariffs for such purpose to ensure the complete coverage of the above costs.

13. The list of arbitrations in course and that have concluded, the data related to those matters, and the names and fees of the
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