A party acquiescing in a judgment which, in proceedings challenging the award, has denied the arbitrators’ potestas iudicandi and affirmed the competence of the ordinary court may effect the translatio iudicii under art. 819-ter cod. proc. civ., with preservation of the substantive and procedural effects of the request for arbitration.
The principles developed in relation to the arbitrators’ want of competence do not apply to the case of a declaration of nullity of the award for a want of potestas iudicandi ab initio, which entails the nullity of all the proceedings conducted before the arbitrators.