The raising, at the same time, of an objection that the dispute is referred to arbitrators by virtue of the arbitration clause and of counterclaims does not imply a waiver of the former, since the examination of the counterclaim is ontologically conditional upon the objection not being upheld, the soundness of that objection being incompatible with such examination.
An arbitration clause which expressly removes from arbitration, reserving them to the exclusive jurisdiction of the courts, disputes relating to the payment of the consideration, even where pursued by way of proceedings for an order for payment, must be construed, under art. 1367 cod. civ. and so as not to deprive it of all effect, as meaning that such disputes are always removed from the arbitrators’ jurisdiction, even where they necessarily involve the interpretation and performance of the contract.