In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the nullity of the arbitration clause for conflict with mandatory legal provisions, causing the consequent ineffectiveness of the award rendered by the arbitral tribunal lacking jurisdiction.
There exists a defect of jurisdiction of the arbitral tribunal in disputes concerning liability actions against directors of in-house providing companies, with jurisdiction belonging to the Court of Accounts for budgetary damage pursuant to art. 12 of Legislative Decree n. 175 of 2016.