For the purposes of establishing the validity and effectiveness of an arbitration clause derogating from jurisdiction in favour of foreign arbitrators, it is first necessary to determine the rules that the court must apply for such examination, and therefore whether such examination must be conducted under Italian law or under the law of another State.
In relation to contractual obligations arising between parties belonging to different States, Article 57 of Law No. 218 of 31 May 1995 makes a renvoi to the Rome Convention of 19 June 1980, given effect by Law No. 975 of 18 December 1984, extending its scope of application also to situations not governed by Article 1(2) of the Convention, so that the Convention rules become the ordinary law governing the law applicable to contractual obligations.
Where the parties to an international contract have expressly identified the law applicable to the relationship by specific reference to the rules of a foreign International Chamber of Commerce, such choice excludes the applicability of national law and, consequently, the applicability of Article 1341 of the Civil Code as to the requirement of specific written approval of the arbitration clause.
The requirement of written form for an arbitration clause derogating from jurisdiction in favour of international arbitration is satisfied by the inclusion of the clause in an agreement signed by the parties, without the need for the specific approval required by Article 1341(2) of the Civil Code.
An arbitration clause referring to the resolution by arbitration of disputes or claims "arising out of or relating to the contract or its breach, termination or invalidity" applies to disputes concerning contractual liability for breach.