Contestation regarding the very conclusion and existence of a particular written contract containing an arbitration clause does not cause the special jurisdiction of the arbitrators to fall away when the interested party does not disavow the signature which appears affixed to that contract, given the nature of the arbitration clause and the provision of the second paragraph of Article 808 of the Code of Civil Procedure.
Pursuant to Article 808-ter of the Code of Civil Procedure, parties who intend to establish that the dispute shall be decided by means of contractual arbitration (arbitrato irrituale) must so provide expressly and in writing, such that from the absence of such written provision there derives no nullity of the arbitration agreement but there follows only that the arbitration shall be regular.
The determination of the seat of arbitration need not necessarily be contained in the arbitration agreement pursuant to Article 810 of the Code of Civil Procedure.
Only those contractual structures destined to regulate an indefinite series of relationships may be qualified as contracts "of adhesion", in respect of which there exists the requirement of specific written approval of onerous clauses pursuant to Articles 1341-1342 of the Civil Code, whilst contracts predisposed by one of the two contracting parties in anticipation of and with reference to individual, specific contractual events cannot be so considered.