The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, given that arbitral procedure does not contemplate the issue of summary payment orders.
The arbitration exception (exceptio compromissi) constitutes a strict procedural exception, which may only be raised on application by a party and not ex officio by the court.
Arbitration clauses that clearly delimit their scope of application through specific expressions are not susceptible to extensive interpretation under Article 808-quater of the Code of Civil Procedure, which operates exclusively "in case of doubt" regarding the scope of the arbitration agreement.
In cooperative societies, an arbitration clause providing for submission to arbitral tribunal of disputes relating to "corporate relationships" does not extend to contractual relationships of a reciprocal nature between member and society, even when arising within the associative relationship, where the cause of such relationships is homogeneous with that of sale and purchase.
The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited to the specific dispute which is the subject of the summary proceedings, save contrary agreement between the parties