The making, by the party entitled to rely on the arbitration clause, of an application for an order for payment relating to the same contract amounts to an unequivocal waiver of arbitral jurisdiction, so that a subsequent objection based on arbitration, being self-contradictory and contrary to the duties of fair dealing and good faith, is unfounded.
A clause derogating from the jurisdiction of the courts in favour of that of arbitrators, concluded with a consumer, is presumed unfair, and its effectiveness is conditional not only upon specific approval in writing but also upon individual negotiation of the clause itself, the burden of proving which lies on the trader.