The existence of an arbitration clause providing for institutional arbitration does not preclude a creditor from obtaining an injunction order from the ordinary court; however, where the debtor raises an objection challenging the jurisdiction in favour of arbitration, ordinary proceedings are initiated and, once the dispute arises, the ordinary court loses jurisdiction and must revoke the injunction order and refer the parties to arbitration.
Where an objection based on an arbitration clause providing for institutional arbitration is upheld in opposition proceedings to an injunction order, the court may not make an order striking out the proceedings pursuant to Article 38(2) of the Code of Civil Procedure, but must declare by judgment that the court which issued the injunction order lacks jurisdiction and, consequently, that the injunction order is null and void, and make an order as to costs.
Following the declaration of unconstitutionality of Article 819-ter(2) of the Code of Civil Procedure insofar as it excluded the application of Article 50 of the Code of Civil Procedure to the relationship between arbitration and court proceedings, the court which declares that it lacks jurisdiction in favour of arbitrators must set a time limit for the parties to re-commence the proceedings before the arbitral tribunal.
Pursuant to Article 808-quater of the Code of Civil Procedure, in case of doubt an arbitration agreement shall be interpreted as meaning that the arbitral jurisdiction extends to all disputes arising out of the contract or legal relationship to which the agreement relates.
An arbitration clause must be interpreted in accordance with the rules of interpretation set out in Article 1362 of the Civil Code, bearing in mind that in institutional arbitration the parties intend to obtain an award capable of enforcement pursuant to Article 825 of the Code of Civil Procedure, whereas in contractual arbitration (arbitrato irrituale) they entrust the arbitrator with an amicable settlement or a determination referable to the contractual intent of the parties themselves; any doubt as to the actual intention of the contracting parties must be resolved in favour of the institutional nature of the arbitration.