An arbitration clause, in the absence of express contrary intention, must be interpreted as attributing to arbitral jurisdiction all disputes relating to claims having their causa petendi in the contractual relationship to which it is annexed.
Activities preliminary to the performance of contractual obligations fall within arbitral jurisdiction when, applying the interpretative criteria under Article 1362 of the Civil Code, by reason of the breadth of the contract’s subject matter, the conduct of the parties during the course of the relationship and the close connection between the performances, such activities appear to fall within the scope of the same contractual programme in relation to which the arbitration clause was agreed.
The arbitrator to whom the parties have referred possible disputes arising from a contract has jurisdiction also over claims based on unjust enrichment of one party to the detriment of the other, when such enrichment has its justification in the relationship established by the interested parties in the exercise of their contractual autonomy.