Contractual arbitration (arbitrato irrituale) is capable of entertaining claims for a declaration of indebtedness but may not be the forum for claims for an order for payment, which remain within the jurisdiction of the ordinary court.
Once the contractual arbitrator (arbitro irrituale) has established the existence of a debt, a creditor wishing to obtain an enforceable title in the face of the debtor’s non-performance must necessarily apply to the ordinary courts.