The arbitration clause relating to disputes concerning the interpretation, performance and termination of a contract includes within its scope of application the claim for damages for contractual breach, insofar as such claim pertains to the performance phase of the contract and involves the determination of the parties' non-compliance with their assumed obligations.
The arbitral jurisdiction established by an arbitration clause cannot be modified or derogated for reasons of connection with other disputes pending before the ordinary court, as the existence of arbitral jurisdiction must be verified with specific regard to each claim brought, without the connection requiring the devolution of the entire dispute to either the ordinary court or the arbitrators.
The plea of lack of jurisdiction due to the existence of an arbitration clause must be raised with specific reference to the claim or claims for which the alleged lack of jurisdiction is prospective, as the attraction of arbitral jurisdiction to ordinary jurisdiction does not operate in the presence of connected causes of which only one is devolved to arbitral decision.