An arbitration clause contained in the articles of association of a cooperative society, which refers to arbitrators disputes between the members and the company concerning available rights relating to the corporate relationship, does not preclude the jurisdiction of the ordinary court to issue an order for payment; however, where the debtor served with the order lodges an objection raising the existence of such clause, the court hearing the objection must declare the nullity of the contested order and refer the dispute to the arbitrators.
The declaration of lack of jurisdiction of the ordinary court in favour of the arbitrators, pronounced in proceedings for objection to an order for payment, has the dual content of acceptance on procedural grounds of the objection and nullification of the order, with the consequence that the decision must be rendered in the form of a judgment and not of an order, nor does the provision of Article 38, paragraph 2, of the Code of Civil Procedure on the agreement of the parties as to the indication of the competent court apply.