In condominium matters, Article 1137(2) of the Civil Code, in granting every co-owner the right to apply to the court against resolutions of the general meeting, does not create an absolute and exclusive reservation of competence in favour of the ordinary court and does not preclude the submission to arbitration of the relevant disputes, which do not fall within any of the prohibitions laid down in Articles 806 and 808 of the Code of Civil Procedure.
The validity of an arbitration clause must be assessed independently of the contract to which it relates, pursuant to Article 808(2) of the Code of Civil Procedure, and arbitrators vested with the power to adjudicate on the basis of an arbitration clause contained in the condominium regulations may also decide on the nullity of resolutions of the general meeting.
Contractual arbitration (arbitrato irrituale) constitutes a prior waiver of the right to judicial proceedings, unlike arbitration, which is a form of private adjudication giving rise to a question of competence; it follows that the provisions governing arbitration, including Article 819ter of the Code of Civil Procedure, do not apply to contractual arbitration (arbitrato irrituale).