The objection of lack of jurisdiction of the court based on the existence of an arbitration clause may be qualified ex officio by the judge as an objection of inadmissibility of the claim when the clause is configured as contractual arbitration (arbitrato irrituale).
The arbitration clause that expressly excludes from its scope of application disputes relating to inalienable rights is inapplicable only to challenges of shareholders' resolutions having an unlawful or impossible object, which give rise to nullities that may be raised ex officio, whilst remaining applicable to challenges based on alleged violations of the shareholder's patrimonial rights.
The qualification of the arbitration clause as institutional or contractual must be based primarily on the textual content of the agreement, it being incumbent upon the party contesting such qualification to provide contrary evidence.
Nullities of the arbitration agreement not raised ex officio at first instance may be raised in subsequent proceedings only on condition that the relevant constitutive facts have been duly pleaded by the parties in the proceedings on the merits.