The assignee of a claim does not succeed to the arbitration clause contained in the contract from which the assigned claim originates; however, the debtor whose obligation has been assigned may raise the arbitration clause against the assignee as a defence based on the original contract.
A judgment by which the ordinary court rules on arbitral jurisdiction under art. 819-ter cod. proc. civ. must be challenged exclusively by way of an application for the determination of jurisdiction, and not by way of appeal.
The transfer of proceedings from the ordinary court to the arbitrators, ordered following a declaration of the state court’s lack of jurisdiction in favour of arbitration, does not give rise to a challenge of the award but to the continuation of first instance proceedings before the arbitrators.
In arbitration matters, joinder of parties is permissive and not mandatory, with the consequence that the presence of multiple parties in ordinary proceedings does not prevent the referral to arbitration of disputes covered by the arbitration clause, limited to the parties bound thereby.