An arbitration clause conferring upon arbitrators jurisdiction over disputes relating to the interpretation, application and performance of a works contract also encompasses disputes concerning the payment of the consideration for the works, as this is an obligation pertaining to the performance phase of the contract and not a service that can be placed in a subsequent and autonomous phase following the completion of the contracted works.
The raising of the plea of arbitration agreement and of a counterclaim implies, for reasons of legal logic, the ontological subordination of the counterclaim to the rejection of the plea, given the incompatibility between the validity of the plea and the examination on the merits of the counterclaim, with the consequence that the acceptance of the plea of arbitration agreement precludes the ordinary court from having jurisdiction over counterclaims brought by the same party.