An arbitration clause referring to arbitrators "any dispute" arising between the parties concerning the interpretation, performance and termination of the contract has a broad objective scope that cannot be narrowed to purely technical disputes merely because the parties provided that the arbitrators must hold a particular professional qualification, since the only requirement imposed by law to serve as arbitrator is the possession of full legal capacity to act under art. 812 of the Code of Civil Procedure.
The parties' choice of contractual arbitration (arbitrato irrituale) and of a decision according to equity relates to the nature of the future award and to the rules applicable to its deliberation, and not to the nature of the disputes covered by the arbitration agreement.
The failure to raise the arbitration objection in prior proceedings for a preliminary technical assessment does not amount to a tacit waiver of the effects of the arbitration clause, given the interim nature of such proceedings and the consequent inapplicability of the clause thereto.