The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42 of the Code of Civil Procedure, in accordance with Article 819-ter of the Code of Civil Procedure, and not by appeal.
Article 819-ter of the Code of Civil Procedure does not find application when what comes into consideration is a contractual arbitration clause (arbitrato irrituale), since the stipulation of contractual arbitration determines the inapplicability of all the rules laid down for regular arbitration, with the consequence that the judgment declining jurisdiction is appealable by appeal.
The circumstance that the judge, in the judgment by which he declines his own jurisdiction in favour of arbitrators, has at the same time revoked the order for payment objected to and has ruled on costs is irrelevant for purposes of appealability of the judgment itself solely by reference on jurisdiction pursuant to Article 42 of the Code of Civil Procedure, these being consequential and accessory rulings to the pronouncement on jurisdiction.
Article 819-ter of the Code of Civil Procedure does not concern the hypothesis of attribution of a dispute to foreign arbitrators, there being raised in such case a question of jurisdiction and not of domestic allocation of jurisdiction.