Court of Appeal of Turin, 12 April 2022, n. 402

Art. 819-ter of the Italian Civil Code civ. Assubiact the exception of arbitration to the itself regime foreseen for incompetence, stable that it must be to be proposal, a penalty of forfeiture, In the appearance of response, and specifying that the failure proposition of the exception excludes the competence referee limited to the controversy decisive in judgment; the lack d i one specific indication in order per term within to which the exception must be raised requires by reference to discipline general dictated by art. 38 of the Italian Civil Code proc. civ., the which has that incompetence, both per material and per value or per territory, must be exceptional, a penalty of forfeiture, in the appearance of response promptly deposited.