The arbitration clause that refers to arbitration disputes between members "in any way referable to the life of the company" must be interpreted broadly, encompassing all disputes between members concerning matters connected to the company, including disputes over the transfer of membership interests between members of a partnership.
Article 808 quater of the Code of Civil Procedure extends the arbitrator's jurisdiction to all disputes arising from the contract or relationship to which the arbitration clause relates.
The question relating to the applicability of the arbitration clause raised before the ordinary court pertains to the merits and not to jurisdiction, in that the relationship between courts and arbitrators does not concern the allocation of judicial power, the value of the arbitration clause consisting in the waiver of judicial jurisdiction and of the right of action.
In the presence of a valid clause for contractual arbitration (arbitrato irrituale), the ordinary court seized must declare the claims inadmissible as jurisdiction being referred to the arbitrator.
In contractual arbitration (arbitrato irrituale), unlike arbitration, the declaration of inadmissibility of the claim need not be accompanied by the fixing of a time limit for the resumption of proceedings before the sole arbitrator.