Where there is a statutory arbitration clause that refers disputes between shareholders and the company to arbitrators, the court hearing an opposition to a payment order must declare its lack of jurisdiction and revoke the order, as opposition proceedings cannot be included among summary or protective proceedings excluded from the arbitration agreement.
The validity of the arbitration clause under article 838 bis of the Code of Civil Procedure exists when the deciding body is appointed by a third party in relation to the company and the subject matter of the dispute is available for disposition.