In the field of contractual arbitration (arbitrato irrituale), the construction of the arbitration clause and the determination of the scope of the submission agreement are governed by the interpretive criteria set out in arts. 1362 ff. cod. civ.; such task falls within the province of the court of fact, whose finding is not reviewable on appeal to the Supreme Court provided the interpretive criteria have been correctly applied and the finding is adequately reasoned.
The principle that the inquiry into the scope of the arbitration clause, being a question of jurisdiction, falls within the powers of the Supreme Court also as a court of fact, applies exclusively to the arbitration clause in arbitration proceedings and does not extend to contractual arbitration (arbitrato irrituale).