A person who purchases shares in a company in direct and qualified connection with his or her position as a director cannot qualify as a consumer within the meaning of art. 3 of Legislative Decree No. 206/2005 for the purposes of the derogation from the arbitral forum provided in the contract in his or her favour, where the purchase is inseparably linked to the professional capacity.
Questions of jurisdiction in the technical sense cannot arise between ordinary courts and arbitrators, as such questions can arise only between courts. The declaration that the arbitration clause is operative amounts to a declaration of inadmissibility of the claim on grounds of substance relating to the validity or interpretation of the submission or the arbitration clause.