The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit relationship deduced in judgment originates, since the discipline of arbitral proceeding does not provide for pronouncement of provisions of monitory character.
When opposition to injunctive decree has been proposed and the debtor raises arbitral jurisdiction, the prerequisites fixed in the arbitral agreement are verified and consequently the jurisdiction of the ordinary judge previously applied to ceases, who must revoke the injunctive decree and remit the parties before arbitrators.
The arbitration clause instituting regular arbitration must be made in writing, but the obligation of specific written approval pursuant to Article 1341, paragraph 2, of the Civil Code subsists only in contracts with general conditions prepared by one contracting party or concluded by subscription of modules or forms.