An agreement for contractual arbitration (arbitrato irrituale) renders a claim inadmissible where the opposing party properly raises the relevant objection, unlike institutional arbitration which determines the incompetence of the ordinary court.
The objection of contractual arbitration (arbitrato irrituale), like that for institutional arbitration, must be raised on pain of forfeiture in the statement of defence or in any case in the first available defence when raised in relation to a counterclaim.
The arbitration clause that refers any dispute inherent in and consequent to corporate agreements to arbitral judgment does not extend to disputes based on contractual relationships extraneous to the associative bond, even when involving parties already bound by the corporate agreement.
Tacit waiver of the arbitration clause inferred from recourse to judicial authority is limited to the specific dispute submitted to the ordinary court and does not imply definitive renunciation of the clause for any other dispute inherent in corporate agreements, save for express agreement of the parties.