An arbitration clause which refers disputes to international arbitration, even where it does not contain indications as to the appointment, number of arbitrators or nature of the award, must be considered valid and effective where it expresses in a clear and unequivocal manner the common intention of the parties to refer to arbitrators any dispute arising from the contract and presents content determinable per relationem by reference to pre-established arbitration rules, in accordance with the provision of Article 832 of the Code of Civil Procedure.
In matters of assignment of credit, the assignee of a credit arising from a contract containing an arbitration clause does not succeed to the separate and autonomous arbitration agreement and cannot therefore invoke said clause against the assigned debtor; conversely, the latter may rely on the arbitration clause against the assignee, it being among the defences opposable to the original creditor, given that otherwise the assigned debtor would be deprived of the right to have disputes concerning the credit decided by arbitrators by virtue of an agreement between assignor and assignee to which he remained a stranger.
Where an arbitration clause and a jurisdiction clause in favour of the ordinary court coexist in the same contract, systematic interpretation pursuant to Article 1363 of the Civil Code and the principle of preservation of the contract under Article 1367 of the Civil Code require that the second clause be understood as specifying the jurisdiction of the ordinary court solely for disputes not arbitrable or for obtaining measures not capable of being issued by an arbitral tribunal, without this entailing any derogation from the clearly expressed intention to arbitrate contained in the first clause.