The existence of one clause skuser not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the emission measures unheard of alter measures alter a part), ma imposes a the latter, in case of subsequent opposition founded on the existence of the said clause, the declaration of nullity of the decree opposite and the contextual remission of the controversy to the judgment of the referees.
The choice of the compass of recurrence to the process monitor despite the presence of the clause arbitral is subject to risk that such clause can be invoked, legitimately, by the injuntic in phase of opposition, yes that in such a hypothesis not si ran reasons to compensate .