In case of assignment of credit arising from a contract containing an arbitration clause for contractual arbitration (arbitrato irrituale), the assigned debtor may raise against the assignee the defence of arbitration agreement when the latter brings proceedings before the ordinary court, by virtue of the principle of transferability of defences that the debtor could have raised against the original creditor.
The acceptance of the arbitration agreement defence relating to contractual arbitration (arbitrato irrituale) results in a declaration that the judicial claim is inadmissible or that the proceedings are barred, and not that the court seised lacks jurisdiction, given the contractual and non-judicial nature of the contractual arbitral award.