An arbitration clause inserted in a contract that has not been drafted unilaterally and does not contain standard terms does not require specific signature pursuant to Article 1341 of the Civil Code, the contract having been signed by both contracting parties.
The simultaneous raising of the arbitration objection and of a counterclaim does not entail a waiver of the former, since the examination of the counterclaim is inherently conditional upon the non-acceptance of the arbitration objection, the success of the latter being incompatible with the examination of the counterclaim.
An arbitration clause referring to arbitration “any dispute that may arise between the principal and the agent in relation to this contract” encompasses disputes relating to entitlement to remuneration for work carried out in performance of the mandate, such being a matter relating to the mandate contract.
An arbitration clause in the articles of association of a consortium company (società consortile) referring to arbitration “disputes that may arise between the consortium company and the consortium members in relation to matters concerning the interpretation of the articles of association and in connection with all aspects of the company’s management” is not applicable to disputes relating to contracts concluded by the consortium company with a member who assumes a position comparable to that of any third-party contractor, independently of his status as a member of the consortium.