Pursuant to art. 808-quater cod. proc. civ., an arbitration clause referring generically to disputes arising from the contract to which it pertains is to be construed, in the absence of an express contrary intention, as encompassing within arbitral jurisdiction all disputes having their causa petendi in that contract, to the exclusion only of those for which the contract is merely a historical antecedent.
A claim for a declaration that instruments of capital increase and extension of the membership are simulated pertains to the performance of the company contract, as it concerns a typical act thereof, and accordingly falls within the scope of the arbitration clause referring disputes relating to the company contract to arbitration.
Claims for damages for breach of the obligations arising from membership, which also involve the determination of the validity of amendments to the memorandum of association, have their causa petendi in the company contract and fall within the arbitral jurisdiction provided for by the arbitration clause in the articles of association.
A claim for the ascertainment of a credit in respect of profits received in excess of the participation share presupposes non-compliance with the rules governing the performance of the company contract and falls within the arbitral jurisdiction provided for by the arbitration clause contained in the partnership deed.