In consumer contracts, an arbitration clause, in order not to be deemed unfair pursuant to Article 33(t) of Legislative Decree No. 206/2005, must be the result of a specific negotiation characterised by the requirements of seriousness, effectiveness and individuality; in the absence of proof of specific negotiation as to the derogation from ordinary jurisdiction, the protective nullity provided for by Article 36 of the Consumer Code applies, including of the court's own motion, and is limited to the arbitration clause, with the consequence that the ordinary court retains jurisdiction.