A contractual provision containing an arbitration clause which grants the parties a mere option to refer disputes to an arbitral body for resolution, rather than establishing its mandatory nature, does not establish the exclusive jurisdiction of the arbitrators and does not preclude access to the ordinary courts.
An arbitration clause contained in a contract is not enforceable against a third party to the contractual relationship who brings proceedings to protect their own proprietary rights infringed by extra-contractual conduct occurring after the termination of the contractual relationship, in which case the jurisdiction of the ordinary court remains established.
A contractual agreement providing for the application of foreign law to the contractual relationship does not preclude the national court from considering incidentally, for the purposes of interim relief proceedings, the existence of a prima facie case regarding the termination of that contractual relationship as a prerequisite for the assessment of the alleged extra-contractual tortious conduct.