Judgments on jurisdiction rendered by the Court of Cassation on an application for the determination of jurisdiction — including those affirming arbitral jurisdiction — have pan-procedural effect and produce their effects also in subsequent proceedings between the same parties.
An arbitration clause contained in the condominium by-laws, providing that disputes arising between co-owners in relation to the interpretation and performance of the by-laws and in general concerning the administration and enjoyment of the condominium building shall be decided by arbitrators, is to be construed as encompassing within arbitral jurisdiction all claims in which the by-laws may constitute a constitutive element of the claim or which in any event have causae petendi connected with the operation of the by-laws themselves.
