The presence of an arbitration clause precludes recourse to a preliminary technical investigation for the purposes of the settlement of the dispute pursuant to Article 696-bis of the Code of Civil Procedure, insofar as that procedure, lacking an interim character and the function of obtaining and preserving evidence, does not fall within the exception established by the Constitutional Court in Judgment No. 26/2010, which permitted a preliminary technical investigation pursuant to Article 696 of the Code of Civil Procedure notwithstanding the arbitration clause.