An objection founded on an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction or competence in the technical sense, but rather a question of the admissibility of the claim, since the contracting parties have chosen the contractual resolution of the dispute by renouncing jurisdictional protection.
The right to payment of contributions still owed is of an available nature and falls within the scope of the arbitrable corporate relationship pursuant to Article 838-bis of the Code of Civil Procedure, not being founded upon a collective interest of the shareholders or of third parties of a supra-individual nature protected by mandatory norms, but being configured as a patrimonial right of the company towards the individual shareholder.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an injunctive decree, but requires the court, in case of subsequent opposition founded on the existence of the clause, to declare the nullity of the contested decree, since arbitrators do not have the power to pronounce orders inaudita altera parte.