An arbitration clause contained in a company's articles of association is null and void, pursuant to Article 34, paragraph 2, of Legislative Decree No. 5 of 17 January 2003, when it does not expressly provide that the appointment of all arbitrators be entrusted to a party external to the company, with the consequence that the clause produces no effects and the dispute may only be brought before the ordinary court.
The jurisdiction of the ordinary court in place of the arbitrator is determined by the law in force at the time of filing the claim, pursuant to Article 5 of the Code of Civil Procedure, even when the provision establishing the nullity of the arbitration clause is subsequently repealed.