The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a substitute for ordinary jurisdiction.
The judgment by which the state court, upholding the procedural objection of arbitration, declines its own jurisdiction in favour of arbitral jurisdiction constitutes a procedural ruling with merely intra-procedural effect, which does not prevent the re-submission of the claim before a different court.
The arbitration clause included in a contract concluded with consumers, involving a derogation from the jurisdiction of the ordinary court, constitutes an unfair term and requires for its validity proof that it was the subject of individual negotiation, specific written approval under Article 1341 of the Civil Code not being sufficient.