An objection based on the existence of an arbitration clause is procedural in nature and constitutes a question of non-mandatory jurisdiction, which may be raised of the court’s own motion, since it is founded exclusively on the will of the parties, who are free to choose whether or not to refer the dispute to arbitrators.
Arbitration is presumed to be institutional pursuant to Article 808-ter of the Code of Civil Procedure, unless the parties have expressly provided for its contractual nature (arbitrato irrituale); therefore, the silence of the legislative or contractual source as to the nature of the arbitration does not preclude its classification as institutional arbitration.
An arbitration clause inserted in a contract in implementation of a statutory obligation requiring its inclusion cannot be classified as unfair, since it reproduces in substance a legislative provision.