Arbitration, being jurisdictional in nature and substituting for the function of the ordinary courts, means that the objection of an arbitration agreement gives rise to a question of jurisdiction; contractual arbitration (arbitrato irrituale), as an instrument of a contractual and private nature for the resolution of disputes, implies a conventional waiver of state judicial protection, so that the relevant objection does not pertain to jurisdiction but gives rise to a question on the merits, as a fact precluding the exercise of the right of action.
Contractual arbitrators (arbitri irrituali) do not possess interim relief powers, which are conferred by Article 818 of the Code of Civil Procedure, as amended by Legislative Decree No. 149/2022, solely on arbitrators in formal arbitral proceedings and in any event always on the basis of an expression of the parties' will.
Where an arbitration clause provides for arbitration with the conferral of interim relief powers on the arbitrators, prior to the constitution of the arbitral tribunal, jurisdiction over interim measures lies with the ordinary courts pursuant to Article 818 of the Code of Civil Procedure.
Disputes concerning non-disposable rights may not be referred to arbitration, as they pertain to rights that cannot be restricted by the will of the parties.