A contractual arbitration clause (arbitrato irrituale) contained in a contract operates also in respect of claims formally characterised as founded on extra-contractual tort, where the resolution of the dispute necessarily requires the interpretation and application of the contractual provisions governing the relationship between the parties, rendering such claims inadmissible before the ordinary courts.
The effectiveness of a contractual arbitration clause (arbitrato irrituale) is not lost merely because the claimant characterises its claims as founded on extra-contractual rather than contractual liability, where the establishment of the tort presupposes the interpretation of the agreement containing the arbitration clause.
In disputes relating to the use of trade marks governed by a coexistence agreement containing a contractual arbitration clause (arbitrato irrituale), a claim for declaration of trade mark infringement is inadmissible before the ordinary courts where the establishment of the tort requires the prior interpretation of the clauses of the agreement regulating the use of the distinctive signs between the parties.