Article 214. Chamber of Arbitration, register of arbitrators and list of secretaries.

1. The Arbitration Chamber for public contracts relating to works, services and supplies is established at the ANAC. 2. The Arbitration Chamber takes care of the formation and maintenance of the Register of arbitrators for public contracts, draws up the relevant code of ethics and provides for the obligations necessary for the establishment and functioning of the arbitration panel. 3. The President and the Arbitration Council are the bodies of the Arbitration Chamber. 4. The Arbitration Council, composed of five members, is appointed by the ANAC from among subjects with particular expertise in the matter of public contracts for works, services and supplies, to guarantee the independence and autonomy of the institute, as well as having the requirements of good repute established by the same Authority. Within it, the ANAC chooses the President. The position lasts five years and is paid in the amount determined by the appointment provision within the limits of the resources attributed to the Authority itself. Without prejudice to the provisions of article 53 of the legislative decree of 30 March 2001, n. 165, as amended by article 1, paragraph 42, letter l), of law 6 November 2012, n. 190, during the period of membership, and in the following three years, the subjects registered in the Register cannot carry out professional tasks in favor of the parties of the arbitration proceedings decided by them, including the role of party arbitrator. 5. For to carry out its functions, the Arbitration Chamber makes use of a secretarial structure with personnel provided by the ANAC. 6. The Arbitration Chamber annually takes care of the collection of data emerging from disputes relating to public contracts and transmits them to the Authority and to the control room referred to in article 221. 7. Without prejudice to the provisions of article 1, paragraph 18, of law 6 November 2012, n. 190, subjects belonging to the following categories may be registered in the Register of Arbitrators of the Arbitration Chamber: a) ordinary, administrative, accounting, military magistrates, retired tax judges and magistrates; b) lawyers registered in the ordinary and special authorized registers to practice before the higher judiciary and in possession of the requirements for appointment as advisor to the Supreme Court; c) technicians in possession of a degree in engineering and architecture, authorized to practice the profession for at least ten years and registered in the relevant registers; d) university professors, even retired, in legal and technical subjects and managers of public administrations, with proven experience in the field of public contracts for works, services and supplies. 8. The list of arbitrations is published on the ANAC website in progress and defined, the data relating to their affairs, the names and remuneration of the arbitrators and experts. 9. Registration in the Register of arbitrators and in the list of experts is valid for three years and can be obtained again after two years from the expiry of the three-year period. The cases of recusal referred to in article 815 of the civil procedure code are reserved. The further regulations relating to the Register of arbitrators, the list of experts and the list of secretaries are set out in Annex V.1. EFFECTIVE FROM: 1 July 2023

Relazione

REPORT Article 214 establishes the Arbitration Chamber at the National Anti-Corruption Authority, establishes its structure, the methods of appointment of the members, as well as their requirements a...

Commento

NEW • Ordinary, administrative, accounting, military magistrates, retired tax judges and magistrates and university professors, including retired ones, can also be registered in the Register of arbit...
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