An objection based on an arbitration agreement raised before the ordinary court, in the presence of an arbitration clause, raises a question relating to the merits and not to jurisdiction or competence, since the relationship between judges and arbitrators does not fall within the allocation of judicial power among organs of the State, and the effect of the arbitration clause consists in the waiver of state jurisdiction and judicial action. It follows that the decision by which the court, in accepting the objection based on the arbitration agreement, terminates the proceedings before it, must be classified as a ruling on a preliminary question of merit, relating to the validity or interpretation of the arbitration clause.
An arbitration clause drafted in broad terms, which refers to arbitrators “any dispute” relating to the contract, includes within its scope of application also claims concerning the restitution of a confirming deposit following breach of contract.
The use of the assisted negotiation procedure does not affect the validity and effectiveness of the arbitration clause contained in the contract which is the subject of the dispute.