Where an opposition to a payment order is based on the plea of arbitral competence, the ordinary court which finds that a valid arbitration clause exists must declare its own lack of competence, set aside the payment order issued and remit the dispute for determination by the arbitrators.
An arbitration clause contained in contracts that were the subject of specific negotiations between the parties, entered into at different times and with content individually agreed for each contractual relationship, does not qualify as an unfair term within the meaning of Article 1341(2) of the Civil Code, as such contracts are not contracts of adhesion drawn up to govern an indefinite series of relationships.