In the presence of an arbitration clause for foreign arbitration, the objection based on the arbitration agreement, given the jurisdictional and substitutive nature of the function of the ordinary court to be attributed to regular arbitration, must be fully comprehended among those of a procedural nature, thus giving rise to a question of jurisdiction.
The objection based on an arbitration agreement for foreign arbitration, in relation to the combined provision of Law N. 218 of 1995, Article 4, paragraph 2, and Article 11, which equates conventional derogation of Italian justice in favour of foreign arbitration to derogation in favour of a foreign court, gives rise to a question of jurisdiction and entails the declaration of the lack of jurisdiction of the ordinary judicial authority seised.