The arbitration exception based on a ritual arbitration clause is of a procedural nature and constitutes a question of jurisdiction that must be raised by the interested party, on pain of forfeiture, in the statement of defence and within the time limit set by the rules of procedure.
A contract entered into following individual negotiations, the content of which represents the result of the meeting of the parties' wills, does not fall within the category of adhesion contracts under arts. 1341 and 1342 of the Civil Code, so that the arbitration clause contained therein is fully valid even without specific written approval.
The examination of a counterclaim brought by the party that raised the arbitration exception is inherently conditional upon the rejection of the exception itself, since the well-foundedness of the exception is incompatible with the examination of the counterclaim.