Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private autonomy exercise limits but rather expressing tendencies coherent with systems favoring recognition of public justice as primary forms of conflict resolution.
Parties drafting arbitration clauses cannot invoke nullity of oppressive clauses for lack of specific approval under Article 1341, paragraph 2, of the Civil Code, this being a requirement prescribed for opposability to adhering contractors, who alone are entitled to assert any deficiency.
Rules regarding merit-based award challenges for legal rule violations, provided by reformed Article 829, paragraph 3, of the Civil Procedure Code, are not immediately applicable to all arbitrations instituted after Legislative Decree 40/2006's effective date, with related effectiveness conditions remaining governed by laws in force when adopting related contractual acts.
Defects determined by filing arbitral claims against parties not entitled to contradict do not prevent proper continuation of arbitral proceedings when properly entitled parties spontaneously appear, this causing cure of original adversarial defects.