The wording of the clause, the reference to the code of civil procedure, the provision for a tribunal of three arbitrators and the identification of the president of the court as the authority responsible for appointing the chairman of the tribunal point to the arbitral nature of the proceedings, giving rise to an arbitration agreement intended to refer the determination of the dispute to an arbitral tribunal in accordance with the procedural model of the code, and not to a mere attempt at conciliation or to contractual arbitration (arbitrato irrituale).
An arbitration clause contained in the condominium regulations and in the technical covenants annexed thereto may be relied upon against the successor in title to the property unit where the deed of purchase or the entry in the land register refers to the regulations, which form an integral part of the legal framework of the unit transferred.
A clause referring to arbitrators disputes “including those of a technical character” arising as to the construction and performance of the regulations brings within the arbitral competence a claim requiring specialist assessments directly connected with the operation of the regulations.
Arbitral competence does not prevent an application to the ordinary court for an order for payment (decreto ingiuntivo), those summary proceedings not being capable of being entrusted to arbitrators.
A plea of want of competence raised only in respect of the counterclaim does not permit the declaration of want of competence to be extended of the court’s own motion to the principal claim.