The simultaneous raising of the objection based on an arbitration agreement and a counterclaim does not imply waiver of the objection formulated, since the examination of the counterclaim is ontologically conditioned upon the non-acceptance of the objection based on the arbitration agreement.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an injunctive decree, since the objection based on the arbitration agreement is not ascertainable ex officio but only upon objection by the interested party.
In opposition proceedings to an injunctive decree, when the exceptio compromissi is timely raised and an assessment of the validity of the arbitration clause has been carried out, the ordinary court must proceed with the declaration of nullity of the contested decree and the simultaneous referral of the dispute to the judgment of the arbitrators.
An arbitration clause referring generically to disputes relating to the corporate relationship must be interpreted, in the absence of express contrary intention, as encompassing within the arbitral jurisdiction all disputes having their causa petendi in that instrument, whilst excluding those which have merely an historical presupposition.