Art. 819-ter of the Italian Civil Code civ. Assubiact the exception of arbitration per itself regime foreseen for the of incompetence, establishing that it must be proposal, a penalty of forfeiture, In the appearance of response, and specifying that the failure proposition of the exception excludes the competence referee limited to the controversy decisive in judgment; the lack d i one specific indication in order per term within to which the exception must be raised imposes by reference to the discipline general dictated by art. 38 of the Italian Civil Code proc. civ., the which has that incompetence, both per material and per value or per territory, must be exceptional, a penalty of forfeiture, in the appearance of response promptly deposited.