A clause contained in a collective agreement which refers to an internal body (such as the Guarantors’ Committee) jurisdiction over appeals against decisions of the Electoral Commission constitutes an arbitration clause for contractual arbitration (arbitrato irrituale), where the literal wording of the provision shows the parties’ intention to resolve such disputes exclusively through contractual means.
The delivery of an award by the contractual arbitral body provided for in the arbitration clause, with a decision rendered after hearing both parties, results in the inadmissibility before the courts of the same claim, as the activation of the contractual remedy and the acceptance of the related decision constitute a waiver of judicial action.