An application for the appointment of an arbitrat pursuant to an arbitration clause must be rejected where the parties agree that a specific provision of the articles expressly excludes the disputes in question from arbitral jurisdiction, which is accordingly reserved to the ordinary court.
In non-contentious proceedings, a decision declaring inadmissible or rejecting an application for the appointment of an arbitrator, which is neither provisional nor preparatory to any other proceedings, is final as of the time of the ruling and must contain an order as to costs pursuant to arts. 91 and 92 cod. proc. civ.