Arbitral jurisdiction is no longer an exception or derogation from state jurisdiction but represents an alternative and interchangeable remedy to proceedings instituted before national courts, constituting a party prerogative protected at the constitutional level.
The principle of prevalence of ordinary court jurisdiction over arbitral jurisdiction, developed in the past and providing that in cases of uncertainty disputes subject to arbitration clauses should necessarily be attributed to ordinary courts, must now be considered superseded.
In cases of uncertainty regarding party intent with respect to the choice between arbitration and ordinary proceedings, necessary attribution to ordinary courts should not be determined. Instead, party intent must be concretely ascertained using the interpretive criteria set forth in Articles 1362 et seq. of the Civil Code.
A broadly worded arbitration clause ("Any dispute that may arise regarding...") should lead to the conclusion that the parties intended to submit all disputes relating to contract performance to arbitration.