Crisi dell’appaltatore e resilienza della clausola arbitrale nei contratti pubblici

The new Public Contracts Code frames the corporate crisis as a factor that may, in general terms, hinder both participation in procurement procedures and the continuation of contracts already concluded. Nevertheless, the interplay with the new set of insolvency rules introduced by the Busi-ness Crisis Code—sometimes explicitly established by statutory provisions, at other times to be reconstructed through interpretative reasoning—opens up meaningful avenues for the conclusion and continuation of contractual relationships with undertakings in crisis, while simultaneously reinforcing the potential recourse to arbitration. The contribution undertakes a comparative anal-ysis, to the extent appropriate, of the two normative frameworks, advocating an interpretative approach which highlights the resilience of the arbitration clause in both ongoing public pro-curement contracts and those newly executed by a debtor subjected to insolvency proceedings