The ordinary court has jurisdiction to issue an order for payment notwithstanding the existence of an arbitration clause; however, where opposition to the order for payment is filed and the debtor raises the objection of arbitral jurisdiction, the court must revoke the order for payment and refer the parties to the arbitral tribunal.
The inadmissibility of the claim as a consequence of an arbitration clause is subject to an objection by the party, as a defence which cannot be raised of the court’s own motion, and is not capable of being raised of its own motion by the court.
The existence of an arbitration clause does not preclude the filing of an application for an order for payment, subject to the right of the party ordered to pay to raise the relevant objection in due time in the opposition proceedings.
Opposition proceedings against an order for payment must be concluded with the revocation of the order for payment for lack of jurisdiction over the claim brought by way of summary proceedings, in favour of arbitral jurisdiction, where the existence of an arbitration clause has been raised in due time.