The plea of arbitration raised before the ordinary court, notwithstanding that the dispute has been referred to arbitrators, raises a question that goes to the merits and not to jurisdiction or competence, since the relationship between courts and arbitrators does not concern the allocation of judicial power, and the effect of the arbitration clause consists in a waiver of jurisdiction and the right to bring judicial proceedings.
An arbitration clause contained in a settlement and partition agreement, providing for the referral to arbitrators of disputes relating to the interpretation and performance of the agreement, remains effective in respect of subsequent acts that constitute performance of the original agreement, where it appears that such acts were carried out in performance of the original contract containing the clause.
Where a party cumulates in the same proceedings claims for declaratory relief against certain parties and claims for performance or damages based on a contract containing an arbitration clause against other parties, the claims based on the arbitration clause must be referred to arbitration, as they constitute claims that are autonomous from the former.