In consideration of the nature jurisdiction of the arbitration and of its function replacement of the jurisdiction ordinary, the exception compromise has procedural character and integral one question competence, that must be exceptional from part interested, a penalty of forfeiture and consequent rooting at the judge lines of the power of decide in order to application proposal, in the appearance of answer and in the term fixed by art. 166 cod. proc. civ. nor the competence arbitration they can they can they can re assimilated to functional competence, so from justify the relief officious ex art. 38, co. 3, cod. proc. civ., expected that it is si fonda only on the will of the parts, the which are free of choose if you entrust the dispute . TRI E, therefore, even of adopt conduct procedural tacitly convergent towards the exclusion of the competence of these the last, with the introduction of a judgment ordinary, from a side, and the missed proposition of the exception of arbitration, from the other.