Court of Cuneo, order of 24 August 2026 (R.G. 00001796/2024)

Art. 819 ter cod. proc. civ. assimilates the question of whether the dispute falls within arbitral jurisdiction to a question of jurisdiction (competenza), subject to the regime proper to the objection to territorial jurisdiction capable of being derogated from, providing that the judgment or order by which the court affirms or denies its own jurisdiction in relation to the arbitration agreement may be challenged by an application for a ruling on jurisdiction pursuant to arts. 42 and 43 cod. proc. civ.
The objection concerning the operation of the arbitration clause must be examined as a preliminary matter, before the objections to jurisdiction by subject matter and by territory, since it operates at a functionally higher level, precluding and excluding the distribution of the potestas decidendi among the State courts.
A dispute brought in order to have a stipulation declared void for breach of a mandatory rule from which no derogation is permitted cannot be referred to arbitrators, as concerning non-disposable rights, notwithstanding the broad wording of the arbitration clause in the articles of association referring to disputes concerning disposable rights relating to the corporate relationship.