An arbitration clause referring to arbitrators disputes concerning the interpretation or performance of the contract to which it relates, in the absence of an express contrary intention, confines arbitral competence to disputes relating to claims having their causa petendi in the contract itself, excluding claims in tort which have the contract as a mere factual premise.
The pendency of ordinary proceedings does not preclude the operation of an arbitration clause, since, pursuant to Article 819ter of the Code of Civil Procedure, the competence of arbitrators is not excluded by the pendency of the same dispute before the court or by the connection between the dispute referred to them and proceedings pending before the court.