The existence of an arbitration clause does not exclude the ordinary court's jurisdiction to issue a payment order, given that the arbitral procedure does not contemplate the issuing of ex parte orders, but when opposition is raised and the enjoined debtor pleads arbitral jurisdiction, if the conditions set out in the arbitration agreement are met, the ordinary court's jurisdiction ceases and it must declare the payment order null and void and refer the dispute to arbitral adjudication.
The question concerning whether a dispute falls within the cognisance of institutional arbitrators or the ordinary court constitutes a matter of jurisdiction, given the jurisdictional and substitutive nature of the ordinary court's function proper to the activity of institutional arbitrators.
When the ordinary judge declares his own lack of jurisdiction in favour of the arbitrators, resumption of proceedings before the arbitrators within the time limit set or, failing that, within the time limit provided by art. 50 of the Code of Civil Procedure, is possible but not mandatory, the prohibition under art. 819-ter para. 2 of the Code of Civil Procedure not applying in such case, which only concerns the situation where the arbitrators exclude their own jurisdiction and recognise that of the ordinary court.