The consensual qualification of the arbitration clause in terms of institutional arbitration by the parties during the proceedings entails the attribution of jurisdictional nature to the arbitral activity and precludes access to the ordinary court, even when the dispute is already pending before the latter.
The party who has produced in court the condominium regulations containing the arbitration clause, invoking its effectiveness in support of its claims, cannot subsequently deny its validity and enforceability without having adduced at the time of filing suitable evidence to contest the unfavourable circumstances arising therefrom.