The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary judge an injunctive decree for credit arising from the contract, without prejudice to the respondent's faculty to raise arbitral jurisdiction in opposition proceedings, with consequent necessity for the judge to revoke the injunctive decree and refer the parties before the sole arbitrator or arbitral tribunal.
Unless the parties have expressly circumscribed its efficacy to particular disputes, all disputes which find their matrix in the contract must be considered referred to arbitral cognition, and therefore all disputes relating to the existence, validity, extinction, termination, execution of the contract, even if arising subsequently to the exhaustion of the contractual relationship provided they relate to situations constituted thereby.
The arbitration clause sees its effects endure even beyond the time of validity of the contract between the parties, provided that with its application and the resulting arbitral proceeding there is resolved a dispute pertaining to the existence, validity, extinction, termination, execution of the contract which concerns situations constituted by the contract.
In the case of contemporaneous raising of the exception of arbitration agreement and reconventional claim, the former cannot be considered waived by reason of the formulation of the latter, since examination of the reconventional claim is ontologically conditioned upon the non-acceptance of the arbitration exception, the well-foundedness of the latter being incompatible with examination of the reconventional claim.