The raising of an objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the existence of an arbitration clause, does not require the use of sacramental formulas nor the identification of specific jurisdictional criteria, it being sufficient to assert the existence of the arbitration agreement.
An order for payment issued by the ordinary court in the presence of a valid institutional arbitration agreement must be set aside in opposition proceedings, as having been made by a court without jurisdiction, where the existence of the arbitration clause conferring jurisdiction over the dispute on the arbitral tribunal is timeously objected to.