The presence of an arbitration clause in the contract which is the subject matter of the dispute constitutes a procedural issue concerning the jurisdiction of the ordinary court which, in the context of proceedings for preventive expert evidence for the purpose of settling the dispute pursuant to Article 696-bis of the Code of Civil Procedure, amounts to one of the legal assessments requiring a decision on the merits, contributing to render the application inadmissible due to the exploratory nature of the investigation sought.