The applicability of Article 1341 of the Civil Code to arbitration clauses postulates the existence of general contract conditions, which imply unilateral elaboration of the contractual scheme by the predisposer and destination to discipline an indeterminate series of relationships, such circumstances not occurring when the contract is not destined for serial application.
The proposal of reconventional claim in the response brief does not imply waiver of the arbitration clause, examination of the reconventional claim being ontologically conditioned upon non-acceptance of the arbitration exception, without necessity to expressly subordinate the second to rejection of the first.
The jurisdiction of arbitrators is not excluded by connection between the dispute referred to them and a cause pending before the judge pursuant to Article 819-ter of the Code of Civil Procedure, devolving to arbitrators exclusively the decision on jurisdiction without the pendency of connected cause before the ordinary judge determining vis attractiva in favour of the latter.
The arbitration clause binds exclusively the parties to the contract containing it, not extending to third subjects even if called to respond jointly in the same dispute for different title of responsibility.