An arbitration clause for contractual arbitration (arbitrato irrituale) contained in the articles of association renders judicial claims inadmissible due to the parties’ waiver of legal action, as the parties have chosen contractual resolution of disputes by waiving judicial protection.
The defence based on an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction of the judicial authority but challenges the admissibility of the claim, constituting a ruling on a preliminary question of substance relating to the validity or interpretation of the arbitration agreement or arbitration clause.
Disputes between shareholders and companies concerning available rights relating to corporate relationships may validly be subject to arbitration clauses for contractual arbitration (arbitrato irrituale), with only those concerning interests protected by mandatory rules whose violation triggers a response from the legal system independent of party initiative being excluded from the area of unavailability.