Court of Roma, order of 30 July 2026 (R.G. 00056484/2022)

The regime of the plea of arbitration agreement laid down by art. 819-ter, co. 1, cod. proc. civ. applies both to arbitration and to contractual arbitration (arbitrato irrituale), with the consequence that the plea may not be raised by the court of its own motion but must be put forward by the interested party, on pain of forfeiture, in the defence filed in due time, being a plea in the strict sense.