The plea of institutional arbitration falls within the category of procedural pleas, since the activity of institutional arbitrators is of a judicial nature and substitutes for the function of the ordinary court, so that determining whether a dispute falls within the cognisance of the arbitrators or of the ordinary court constitutes a question of competence.
An arbitration clause contained in general conditions of contract is validly entered into where the requirement of double signature under Article 1341 of the Civil Code is satisfied, including by means of a numerical reference to the clauses provided that it is not merely cumulative and is accompanied by an indication, even if summary, of their content, it being sufficient to indicate the subject matter addressed.
Where the dispute concerns contractual non-performance considered as a whole and the ancillary obligations are inextricably connected to the principal obligations governed by the general conditions containing the arbitration clause, the entire dispute is referred to arbitral jurisdiction, it not being possible to sever the various aspects raised in the proceedings.