An arbitration clause contained in the articles of association of a consortium extends to disputes relating to the assignment of works to consortium members and their execution, and is not limited solely to disputes arising from the corporate contract, given that the assignment of works does not constitute an autonomous contract with reciprocal obligations but constitutes a mere executive act of the corporate contract.
In matters of assignment of credit, the assignee does not succeed to ownership of the arbitration clause inserted in the contract from which the assigned credit arises, whereas the assigned debtor may raise against the assignee the arbitration clause already effective with the assignor, such clause falling within the defences that may be raised against the original creditor.
The assigned debtor may raise against the assignee all defences that could have been raised against the original creditor, including those of a procedural nature arising from the arbitration agreement stipulated with the original creditor and inserted in the contract from which the assigned credit arises.
A ruling of lack of jurisdiction by the ordinary court by reason of an arbitration clause results in the nullification of the decree for payment (decreto ingiuntivo) that was opposed, the court hearing the opposition being required to decide by judgment having dual content regarding both lack of jurisdiction and nullity of the decree for payment.