An arbitration clause, in the absence of express contrary intention, must be interpreted as conferring arbitral jurisdiction over all disputes relating to claims having their causa petendi (legal basis) in the contract to which the clause is annexed, including actions for breach of contract and for damages pursuant to article 1218 of the Civil Code.
The qualification of arbitration as institutional or contractual (arbitrato irrituale) requires interpretation of the arbitration clause with reference to the literal terms, the common intention of the parties, and their overall conduct, without the failure to refer to the formalities of institutional arbitration necessarily indicating contractual arbitration. In case of interpretative uncertainty, it is presumed that the parties intended to provide for institutional arbitration.
An arbitration clause constitutes an autonomous contract separate from the substantive contract in which it is inserted, such that consensual termination of the principal contract does not render it void, the clause remaining effective for the determination of disputes arising from the performance of that contract.
Having found the ordinary court lacks jurisdiction in favour of the arbitral tribunal, the court must declare by judgment its own lack of jurisdiction pursuant to article 819-ter of the Code of Civil Procedure and allow a term of three months for resumption of proceedings before the arbitrators.