Following the reform introduced by d.lgs. 40/2006, in the absence of a clear derogatory intention of the parties directed at establishing a contractual arbitration (arbitrato irrituale), a referral to arbitrators must be construed as arbitration, the latter constituting the typical form of arbitration under the legal order in force.
Against the order of the court of merit declining its own jurisdiction in favour of the arbitrators, the available remedy is an application for the determination of jurisdiction pursuant to art. 819-ter cod. proc. civ., and not an appeal, in application of the principle of the appearance of right.