Derogation from the jurisdiction of the ordinary courts by means of an arbitration clause cannot be presumed; where there is doubt as to the scope of the clause, a restrictive interpretation of it and an affirmation of state jurisdiction must be preferred.
For the purposes of interpreting an arbitration clause, regard must be had to the literal text, the common intention of the parties and their overall conduct; the intention to refer disputes exclusively to arbitration must emerge with sufficient clarity from the text and contractual context, a generic reference to disputes arising from the contract being insufficient.