The arbitration objection raised before the ordinary court poses a question pertaining to the merits, not to jurisdiction or competence. The effect of the arbitration clause consists in a waiver of jurisdiction and of the right to bring judicial proceedings.
Under Article 808 quater of the Code of Civil Procedure, in case of doubt, the arbitration clause must be interpreted broadly as devolving to arbitration all disputes arising from the contract. A broad interpretation of the arbitration clause must be preferred so as to avoid the risk that disputes with closely connected subject-matters may be brought separately before the arbitrator and the ordinary court.