The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order, but requires the court hearing the opposition, where the existence of said clause is timely raised, to declare the nullity of the contested decree and the concurrent referral of the dispute to arbitration.
In payment order proceedings, the court's lack of jurisdiction due to the existence of an arbitration clause is not cognisable ex officio, but must be raised by the interested party, the exceptio compromissi being an exception in the strict sense.
The opposing party's adherence to the exception of lack of jurisdiction for arbitration results, pursuant to Article 38 of the Code of Civil Procedure, in the exclusion of any power of the court seised to decide on jurisdiction, however the order must contain the express revocation of the injunction to prevent the decree from producing provisional effects pending the opposition.
An arbitration clause providing for the referral to arbitrators of any dispute concerning the interpretation or application of the contract may also be invoked against a bankruptcy trustee acting for the recovery of claims arising from the same contract.