An arbitration clause that devolves to arbitrators disputes “concerning the interpretation, application and execution of the agreement” extends to disputes that, whilst being formally qualified as extra-contractual, necessarily concern the interpretation and application of the agreement for the definition of the rights of the parties, even when such disputes are brought for trademark infringement and unfair competition.
When there exists between the parties a coexistence agreement for the use of trademarks containing an arbitration clause, disputes relating to the use of coexisting trademarks fall within the arbitral cognizance provided by the clause, since they necessarily concern the correct interpretation, application and execution of the agreement that regulates the coexistence itself.
No limit subsists to the arbitrability of disputes relating to European Union trademarks, such limit not being deducible from the provision of a specific division of competences between different national judicial authorities.
A subsequent transaction that regulates specific and circumscribed aspects of the relationships between the parties does not constitute novation of the principal agreement nor derogation from the arbitration clause contained therein, when from the tenor of the transaction it clearly results that the intention of the parties is to regulate only the specific matter that is the subject of the transaction itself.