In the field of arbitration, the scope of an arbitration agreement containing an indication of the disputes to be referred to arbitration by reference to specific abstract categories—such as the interpretation and performance of the contract—must be ascertained, pursuant to Article 1362 of the Civil Code, on the basis of the common intention of the parties, without confining the inquiry to the literal meaning of the words used. Where the clause refers to legal definitions as a summary of the possible subject-matter of future disputes, such definitions do not have the purpose of restricting the scope of the arbitration agreement, since a restrictive interpretation would entail the need to submit closely connected issues to two different adjudicating bodies.
In case of doubt, the arbitration agreement extends to all disputes arising out of the contract to which it relates, pursuant to Article 808 quater of the Code of Civil Procedure.
In the field of arbitral jurisdiction, the presence of an arbitration clause does not preclude the creditor from seeking and obtaining from the ordinary court an order for payment in respect of a debt arising from the contract, without prejudice to the right of the debtor to raise the objection of arbitral jurisdiction in opposition proceedings, with the consequent obligation upon the court to set aside the order for payment and to refer the parties to the sole arbitrator or the arbitral tribunal.