In the field of consumer contracts, an arbitration clause derogating from the jurisdiction of the ordinary court is not unfair within the meaning of art. 33 co. 2 lett. t) d.lgs. 206/2005 only if it is the product of a negotiation characterised by the requirements of seriousness, effectiveness and individuality, it being insufficient that the individual clauses have been read and their content discussed and clarified.
In the relationship between the general rules on arbitration and the special derogatory rules enacted for the protection of the consumer, the national court must disapply, as contrary to EU legislation, the domestic rules providing that a challenge for annulment of the award based on the invalidity of the arbitration agreement for lack of individual negotiation of the arbitration clause is not admissible if it was not raised during the arbitral proceedings.