An objection to jurisdiction based on the existence of an arbitration clause for institutional arbitration must be raised promptly in the first statement of defence pursuant to Article 819-ter of the Code of Civil Procedure, and raises a question of jurisdiction which is resolved by a judgment declining jurisdiction by the court seised in favour of the arbitrator.
Where the claimant accepts the objection to jurisdiction for arbitration after proceedings have been commenced and the defendant has entered an appearance, this does not automatically result in an order that costs lie where they fall, as costs follow the principle of liability based on failure on the preliminary issue pursuant to Article 91 of the Code of Civil Procedure.
The failure to attempt the conciliation procedure provided for in the arbitration clause cannot be raised by the court of its own motion, as this constitutes a condition of procedural admissibility which operates on a voluntary basis and is left to the parties' discretion pursuant to Article 5-sexies of Legislative Decree 28/2010.
Article 819-quater of the Code of Civil Procedure provides that a declination of jurisdiction by the ordinary court in favour of an arbitrator must be pronounced by judgment, whilst any proceedings for the regulation of jurisdiction constituting a means of challenge against such declination must be determined by order.