An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes referring to claims whose cause of action is founded on the contract itself. Those seeking compensation for pre-contractual liability must be excluded, as they do not have the contract as the constitutive basis of the claim, but only as a factual presupposition.
A director's liability for direct damage caused to third parties under Article 2476, paragraph 7 of the Civil Code has extra-contractual nature and therefore related disputes, having only a factual presupposition in the contract, are excluded from the scope of the arbitration clause.