Art. 819-ter co. 2 cod. proc. civ., insofar as it excludes the applicability of art. 50 cod. proc. civ. (translatio iudicii), operates only in the case where it is the arbitrators who decline their jurisdiction in favour of the ordinary court; conversely, where it is the ordinary court or the Court of Cassation that declares the arbitrators' jurisdiction, the resumption of proceedings before the arbitral tribunal is permitted pursuant to art. 50 cod. proc. civ.
The time limit for the resumption of proceedings before the arbitrators, following the declaration of arbitral jurisdiction issued by the Court of Cassation on an application for the determination of jurisdiction, runs from the communication of the order to the parties.
The service of the act of resumption of arbitral proceedings effected by the chairman of the arbitral body rather than by the party constitutes a nullity of the act, and not its non-existence, with the consequence that the defect is capable of being cured by attainment of purpose pursuant to art. 156 cod. proc. civ., through the appearance of the party to whom service was directed.