Court of Terni, order 22 September 2025

An arbitration clause that does not contain the appointment of arbitrators but establishes their number and the method of appointment is valid and effective pursuant to article 809, paragraph 2, of the Code of Civil Procedure.
The objection of lack of jurisdiction of the judicial authority due to the existence of an arbitration agreement may be raised in the opposition to a payment order without regard to any incompatible defences that may have been raised in mediation proceedings, the sole preclusive time limit under article 819-ter, paragraph 1, of the Code of Civil Procedure remaining in force.