The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court a payment order for credit arising from the contract, while preserving the right of the party served to raise arbitral jurisdiction when opposing.
When arbitral jurisdiction is raised when opposing a payment order, the opposition judge must revoke the payment order and refer the parties before the sole arbitrator or arbitral tribunal.
An arbitration clause providing for ordinary court jurisdiction "in cases requiring urgent action" may be extended, by interpretation, to summary proceedings, allowing legitimate recourse to such procedure.
While recourse to summary proceedings in the presence of an arbitration clause is legitimate, the ordinary court lacks jurisdiction to hear challenges explained in the opposition when the conventionally designated arbitrator is competent.
The payment order must be revoked for lack of jurisdiction when the conventionally designated arbitrator is competent to hear the dispute under the arbitration clause, even if the summary procedure initially used was legitimate.