The objection of arbitration, based on the arbitration clause, constitutes a procedural objection in the strict sense and not a question of jurisdiction which may be raised by the court of its own motion, since it is founded exclusively on the will of the parties, who are free to refer or not to refer the dispute to arbitrators. It follows that such objection must be raised by the interested party, on pain of forfeiture, in the statement of defence filed in due time pursuant to Article 166 of the Code of Civil Procedure, with the consequence that late appearance of the defendant results in forfeiture of the right to raise the objection of arbitration, by application of the combined provisions of Articles 167(2) and 171(2) of the Code of Civil Procedure.