The principle of the autonomy of the arbitration clause from the transaction in which it is inserted operates in relation to arbitration proper and not to contractual arbitration (arbitrato irrituale), which, by supplementing the parties’ intention, gives rise to a second-level agreement deriving its very raison d’être from the contract to which the clause is ancillary.
A clause providing for contractual arbitration therefore does not survive the termination of the contract in which it is contained, with the consequence that the plea of referral to arbitrators of the dispute concerning the terminated relationship is unfounded.