The arbitration clause inserted in contracts stipulated between professional and consumer is subject to the presumption of unfairness pursuant to Article 33, paragraph 2, of Legislative Decree 6 September 2005 N. 206, insofar as it provides derogation from the jurisdiction of judicial authority, unless it has been the object of specific individual negotiation pursuant to Article 34, paragraph 4, of the same decree.
The burden of proving that the arbitration clause was preceded by appropriate specific individual negotiation falls on the professional who intends to invoke the applicability of the arbitral clause in derogation from the jurisdiction of judicial authority, such proof constituting an element logically antecedent to demonstrating the non-unfair nature of the clause.
To a contract concluded with a professional by a condominium administrator applies the discipline of consumer protection, the administrator acting as mandatory with representation of individual condominium owners, who must be considered consumers insofar as natural persons operating for purposes extraneous to entrepreneurial or professional activity.