A court declining jurisdiction in favour of the arbitrator, pursuant to Article 819 ter of the Code of Civil Procedure, is obliged to rule on the costs of the proceedings concluded before it, and may not delegate such task to the arbitral tribunal, as the ruling constitutes a decision closing the proceedings at the judicial stage.
Disputes concerning non-disposable rights, based on the breach of mandatory and imperative rules, are not capable of being referred to arbitration and remain within the exclusive jurisdiction of the ordinary courts, irrespective of the presence of an arbitration clause in the articles of association referring to arbitrators disputes relating to disposable rights.