An arbitration clause contained in a contract extends also to disputes relating to acts of performance of, supplemental to or connected with the original relationship, where these form part of the same contractual arrangement and are not the expression of an autonomous contractual cause.
An arbitration clause referring generically to disputes arising out of the contract to which it relates must be construed, in the absence of an express contrary intention, as meaning that arbitral jurisdiction covers all and only those disputes whose causa petendi lies in that contract, to the exclusion of those which find in it merely their factual background.
Where the exceptio compromissi raised in time pursuant to art. 819 ter cod. proc. civ. is well founded, the ordinary court must decline jurisdiction in favour of the arbitral tribunal provided for by the arbitration clause, with the consequent setting aside of the order for payment, all further issues on the merits being thereby subsumed.
The supervening insolvency of the respondent party does not affect the operation of the arbitration clause, where the insolvency administration adopts as its own the defences advanced by the solvent company in respect of the contractual relationship containing it.