An arbitration clause which refers to the arbitral tribunal “any dispute that may arise in relation to the performance and/or interpretation of the contract, none excluded” determines the functional lack of jurisdiction of the ordinary court for all disputes relating to the contractual relationship, requiring a declaration of lack of jurisdiction even when the claimant subsequently accepts the objection raised by the defendant.
Having declared the lack of jurisdiction of the ordinary court in the presence of an arbitration clause, the parties must be granted a reasonable time limit for the resumption of the dispute before the arbitral tribunal, in application of the general principles governing the relationship between arbitration and proceedings.