The existence of an arbitration clause is not an obstacle to the request and consequent issue of an injunctive decree, subject to the respondent’s faculty to raise the existence of the clause before the opposition judge and obtain revocation of the injunctive decree.
The unproposability of the claim due to provision of arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable not ex officio, but only upon exception of the interested party, and does not obstruct the request and consequent issue of injunctive decree.