Court of Pavia, 17 January 2023, n. 58

In case of exception of convention of arbitration raised from agreed ex art. 819-ter of cod. Proc. Civ. A to which it adheres the actor not it can apply the discipline of the agreement procedural provided provided by art. 38, co. 2, cod. Proc. that such provision si refers to competence territorial derogable. therefore, in order to expenses procedural, the judge kept account behavior of the actor the condemnation to recast of the themselves in favor of the agreed.