An arbitration clause referring to arbitrators any disagreement as to the construction or the application of the contract and, in any event, any dispute arising out of it, is to be construed as applying to every dispute arising between the parties in relation to the relationship.
A provision to the effect that proceedings before the ordinary court may be brought only after certain contractual steps have been taken does not condition the operation of the arbitration clause, since it relates exclusively to disputes brought before the courts.
An arbitration clause presupposes the parties’ intention to entrust to arbitrators a function substituting that of the court, destined to conclude with an award capable of being made enforceable and of producing the effects set out in art. 825 cod. proc. civ.
An arbitration clause does not prevent the issue of an order for payment (decreto ingiuntivo), but a plea of arbitration raised in the opposition proceedings entails the setting aside of the order and the referral of the dispute to the arbitrators, limited to those claims capable of being referred to arbitration.