As regards arbitral competence, the presence of an arbitration clause does not preclude a party from applying for and obtaining from the ordinary court a payment order for a credit arising from the contract, without prejudice to the right of the debtor to raise the objection of arbitral competence by way of opposition, with the consequent requirement for the court hearing the opposition to set aside the payment order and to refer the parties to the sole arbitrator or arbitral tribunal.
The requirement for the specific written approval of unfair terms under art. 1341(2) cod. civ. does not apply where the contract has been specifically negotiated between the parties and does not constitute a standard-form contract unilaterally drafted.
The arbitration clause has its own individuality and autonomy vis-a-vis the contract to which it relates, so that the termination or invalidity of the transaction does not cause it to lapse.