An arbitration clause contained in a business branch lease agreement, which provides for the referral of all disputes relating to the interpretation, performance and termination of the agreement to an arbitral tribunal, includes within its scope of application also disputes relating to the determination of dissolution or termination of the contract by notice or for material breach.
The arbitration clause, whilst encountering an obstacle to its applicability in eviction validation proceedings at the summary cognition stage reserved to the functional and mandatory jurisdiction of the ordinary court, produces its effects in the subsequent stage of ordinary proceedings on the merits, in which there exists no preclusion to the referral to arbitrators of the related substantive judgment.
The arbitration clause remains fully operative when the respondent has expressly and timeously raised the arbitration objection pursuant to art. 819-ter cod. proc. civ., whilst it may be deemed implicitly derogated by common will of the parties only in the absence of the arbitration objection by the respondent.