For the purposes of the validity of the arbitration clause pursuant to art. 1341 co. 2 cod. civ., a cumulative numerical reference to an entire article containing heterogeneous clauses, without even a summary indication of the arbitration content, does not satisfy the requirement of specific written approval, which requires that the reference be such as to make the contracting party aware of the nature and scope of the clause approved.
The procedural bars provided for by art. 817 cod. proc. civ. presuppose arbitral proceedings lawfully commenced pursuant to a valid arbitration agreement and cannot be invoked where the dispute concerns the very validity of the referral of the dispute to arbitrators, since in such a case the very precondition for the operation of the provision is in issue.
The signature affixed to each page of the contract serves a function of guaranteeing the documentary integrity and does not amount to the specific written approval of onerous clauses required by art. 1341 co. 2 cod. civ., which requires an autonomous and informed expression of intention directed at the individual clauses to be approved.