The cumulative raising of the plea of an institutional arbitration clause and of territorial incompetence, with a specific ordering of their examination, binds the court on the merits to follow the order indicated, by virtue of the party’s power of disposition and the criterion of logical-legal progression in the examination of procedural issues, in accordance with the principles of fair trial and effectiveness of judicial protection.
In voluntary jurisdiction proceedings aimed at the adoption of necessary management measures for the administration of common property on the basis of urgency and management inaction, the arbitration clause cannot be relied upon, since the administrative function of the court, exercised through management powers such as the appointment of an administrator, cannot be delegated to arbitrators.
An arbitration clause contained in contractual rules may be void under special protective provisions and unenforceable against the parties protected by such legislation.