Following the reform of arbitration operated by Legislative Decree 2 February 2006 N. 40, Article 819-ter of the Code of Civil Procedure expressly defines in terms of “jurisdiction” the question concerning ascertainment of the operation of an arbitration agreement, overcoming the previous orientation which qualified such question as one of merit.
The judgment by which the judge affirms or denies his jurisdiction regarding the validity of the arbitration clause is appealable by regulation of jurisdiction pursuant to Articles 42 and 43 of the Code of Civil Procedure, by virtue of Article 819-ter of the Code of Civil Procedure.
In building cooperatives the statutory arbitration clause applies to disputes deriving from the social and mutualistic relationship, including those relating to credits which find foundation in the articles of association and in deliberations of corporate bodies, remaining excluded disputes of synallagmatic nature relating to sale of the property to the shareholder.
The operation of the statutory arbitration clause is not excluded by the circumstance that the shareholder acts formally in the capacity of pre-contractor, when from the pre-contract writing it results that he obligates himself “in the capacity of shareholder” to execute social payments which are the object of the dispute.