If is the will of the parts A constituting the base of the competence of the referees, must admit that the parts, as as they can choose of submit the controversy to the themselves, instead of to the judge ordinary, they can also opt per a decision from part of the latter, not only expressly, by a agreement equal and against o a the one reached with the compromise, but also tacitly, through the adoption of conduct procedural convergent towards the exclusion of the predicted competence arb Itral, and in particular by the introduction of the judgment in via ordinary, to which face feedback the missed proposition of the timely exception of arbitration.