A decision by the ordinary court affirming or denying the existence or validity of contractual arbitration (arbitrato irrituale) is not susceptible to challenge by way of jurisdictional regulation, since the agreement for contractual arbitration (arbitrato irrituale) renders inapplicable all the rules laid down for regular arbitration, including Article 819-ter of the Code of Civil Procedure.
The operation of a contractual arbitration (arbitrato irrituale) clause does not constitute the subject of a procedural exception, but rather of a preliminary exception on the merits concerning the inadmissibility of the claim, and the relative decision is subject to appeal.
The presence of a contractual arbitration (arbitrato irrituale) or regular arbitration agreement does not exclude the possibility of bringing the claim by way of application for an injunctive decree, given the summary nature of monitorial proceedings, nor does it prevent the adoption of such a measure, since the arbitration exception is not one that may be raised of the court's own motion.