An arbitration clause providing that the resolution of disputes "may" be referred to arbitration is not merely optional in nature, but binds the parties to the arbitral procedure, since the use of the modal verb is the only lexically correct formulation to express the intention to reserve to an arbitral tribunal the resolution of disputes, as the parties cannot use verbs signifying duty or obligation in relation to the exercise of a procedural right.
An arbitration clause referring the resolution of disputes to arbitration administered by the arbitration chamber of the chamber of commerce of the place where the company has its registered office is not void for uncertainty when it identifies with sufficient precision the competent arbitral body and the procedures for appointing the arbitrators.
The referral of a dispute to contractual arbitration (arbitrato irrituale) by virtue of an express arbitration clause renders the claim inadmissible and does not raise a question of territorial or subject-matter jurisdiction of the ordinary court.