In the matter of arbitration and summary proceedings for payment, the existence of an arbitration clause does not prevent the creditor from applying for and obtaining a payment order from the ordinary court, but where the debtor raises in the opposition proceedings the plea of arbitral jurisdiction, the court must revoke the payment order and declare the claim inadmissible before the ordinary court, referring the parties to the arbitrator or arbitral tribunal.
In the matter of arbitration, the alleged inaction of a party in pursuing the arbitral procedure does not of itself render the arbitration clause inoperative nor does it amount to the fulfilment of a condition pursuant to Article 1359 of the Civil Code, the interested party being required to commence the arbitral procedure in accordance with the procedures provided for by Articles 809 and 810 of the Code of Civil Procedure, including, in the event of the other party's failure to appoint an arbitrator, recourse to the president of the competent court.