The presence of an arbitration clause for institutional arbitration, timely raised as a defence in the first defensive pleading, requires that the ordinary court must decline its jurisdiction to hear the dispute in favour of the arbitrators, as this is a matter of jurisdiction and not of competence.
The existence of an arbitration clause does not exclude the competence of the ordinary court to issue a payment order, given that the arbitration procedure does not contemplate the issuance of ex parte orders, but requires the court, in case of subsequent opposition based on the existence of the clause, to declare the nullity of the contested order and the simultaneous referral of the dispute to arbitration.