The inadmissibility of a claim due to the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable only upon objection by the interested party and not ex officio, and does not preclude the request and consequent issue of an injunctive decree, the right remaining to the enjoined party to object to the admissibility before the court hearing the opposition.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an injunctive decree, given that the discipline of arbitral proceedings does not contemplate orders inaudita altera parte, but requires the court, in case of subsequent opposition founded on the existence of the clause, to declare the nullity of the decree and the simultaneous referral of the dispute to the judgment of the arbitrators.