A statutory arbitration clause constitutes a contract having procedural effects which is autonomous and distinct from the corporate relationship to which it is connected, and continues to produce its effects even after the withdrawal of a member or the transfer of a shareholding, unless the parties agree otherwise.
Article 808-quater of the Code of Civil Procedure requires an extensive interpretation of the arbitration agreement, in the sense that the arbitral jurisdiction extends to all disputes arising from the contract or the relationship to which the agreement relates.
The plea of contractual arbitration (arbitrato irrituale) does not constitute a procedural plea pertaining to questions of jurisdiction, but amounts to a preliminary plea on the merits, inasmuch as the parties, by means of a contractual arbitration clause (clausola compromissoria irrituale), agree in advance to waive recourse to State jurisdiction in favour of a contractual resolution of any future disputes.
A party wishing to rely on the existence of a contractual arbitration clause (clausola d'arbitrato irrituale) is required, on pain of forfeiture, to raise the plea on the merits at the time of its timely entry of an appearance in the proceedings.
The validity of a statutory clause providing for contractual arbitration (arbitrato irrituale) renders null and void the order for payment issued by the ordinary court and renders the claim brought in the summary proceedings before the State court inadmissible.