A claim based on a contractual arbitration award (arbitrato irrituale) which precisely determines the amount due must be considered liquid for the purposes of identifying the forum destinatae solutionis pursuant to the combined provisions of Articles 1182, paragraph 3, and 20 of the Code of Civil Procedure, with the consequence that territorial jurisdiction over the action for payment lies with the court of the place where the creditor has its seat.
The objection of nullity of the contractual arbitration award (arbitrato irrituale), upon which the claim brought by way of summary proceedings is based, pertains to the merits of the dispute and does not affect the determination of the territorial jurisdiction of the court previously seised, the liquidity of the claim being required to be ascertained by reference to the title upon which the claim is based in the state of the proceedings.
There exists a relationship of containment, pursuant to Article 39, paragraph 2, of the Code of Civil Procedure, between proceedings concerning the declaration of nullity of a contractual arbitration award (arbitrato irrituale) and proceedings in which, on the basis of the same award, an injunctive decree has been issued and subsequently opposed, given the relationship of logical-juridical prejudiciality between the issues pleaded, the outcome of which depends upon the resolution of common questions relating to the validity and effectiveness of the award itself.