Art. 6 co. 2 of l. 205/2000 does not have retroactive effect and cannot cure the nullity of arbitration clauses entered into under the regime of art. 5 of l. 1034/1971, which excluded the arbitrability of disputes falling within the jurisdiction of the administrative courts.
The referral of a dispute to arbitration constitutes a question on the merits, pertaining to the validity of the arbitration agreement (submission agreement or arbitration clause), and not a question of jurisdiction.
The arbitrability of a dispute must be assessed by reference to the law in force at the time of the conclusion of the arbitration agreement, and not the law in force at the time the dispute arises or the award is rendered.
The nullity of an arbitration clause entered into during a period in which the law prohibited the referral to arbitration of certain disputes entails that any award rendered thereunder is a mere procedural ruling, incapable of deciding the merits of the dispute.
The objection relating to a defect in the appointment of the arbitrators or to an irregularity in the constitution of the arbitral tribunal must be raised before the signing of the award, on pain of forfeiture.