The devolution of a dispute to contractual arbitrators (arbitri irrituali) is configured as a renunciation of the jurisdiction of the State through the choice of a resolution of the dispute by an instrument of a privatistic nature and the relative objection must be considered proper in the strict sense, as having as its object the presentation of a fact impeding the exercise of state jurisdiction, with the consequence that it must be raised by the parties within the times and in the manner proper to objections of merit not ascertainable ex officio.
The raising of the objection based on an arbitration agreement simultaneously with a counterclaim in the statement of defence does not imply the necessity of expressly subordinating the latter to the rejection of the former, in order to avoid it being deemed renounced, since the examination of the counterclaim is ontologically conditioned upon the non-acceptance of the objection based on the arbitration agreement.