The agreement for contractual arbitration (arbitrato irrituale) implies a waiver by the contracting parties of their right to judicial protection, with the consequence that the claim brought before the ordinary court is inadmissible in the presence of a valid arbitration clause.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order, given that the rules governing arbitral proceedings do not provide for the issuance of ex parte orders, but requires the court, in the event of a subsequent opposition based on the existence of the arbitration clause, to declare the opposed order null and void and simultaneously to refer the dispute to the arbitrators.
In contractual arbitration (arbitrato irrituale) the parties entrust the arbitrator with the resolution of the dispute, undertaking to treat the arbitrators' decision as an expression of their own will, having the nature of a contractual determination, unlike in arbitration where the parties seek the issuance of an award capable of being rendered enforceable as an enforceable title pursuant to Article 825 of the Code of Civil Procedure.