An arbitration clause contained in general conditions of contract is not subject to the regime of Article 1341, paragraph 2, of the Civil Code when the contract is not qualifiable as one of adhesion, that is, when it is not destined to govern an indefinite series of relationships and has not been drawn up unilaterally by one contracting party, but appears concluded by means of negotiations between the parties.
In the case of general conditions of contract, the obligation of specific written approval pursuant to Article 1341, paragraph 2, of the Civil Code of an arbitration clause is respected also in the case of numerical reference to clauses, provided it is not cumulative, save that the latter is not accompanied by an indication, albeit summary, of their content, or that written form is not required by law for valid stipulation of the contract.
Within proceedings of opposition to an order for payment, should the debtor raise the objection of the operation of the arbitration clause, the jurisdiction of the ordinary judge ceases, with the consequence that the latter, once he ascertains the existence of a valid arbitration clause, must declare the nullity of the order for payment and remit the dispute to the judgment of the arbitrators.