The activity of institutional arbitrators is of a jurisdictional nature and substitutes for the function of the ordinary courts, so that the question whether a dispute falls within the cognisance of arbitrators or of the ordinary courts is a question of jurisdiction (competenza).
An arbitration clause contained in a contract does not require specific approval under Article 1341 of the Civil Code, it being sufficient that the intention to refer disputes to arbitrators appears from a written instrument.
An arbitration clause that submits to the arbitrator any dispute relating to the interpretation, performance and termination of the contract also applies to disputes concerning services which, although capable of being characterised as additional to those originally contemplated, relate to the interpretation and performance of the contract itself.
An arbitration clause included in a contract drawn up by one of the parties in relation to a single and specific transaction, concluded following negotiations, does not require specific approval in writing under Article 1341 of the Civil Code, since such a contract does not qualify as a standard-form contract (contratto per adesione).