The ordinary court, whilst having jurisdiction to issue an injunction order notwithstanding the existence of an arbitration clause in the contract from which the claim arises, loses such jurisdiction where, in opposition proceedings, the debtor raises the lack of jurisdiction of the ordinary court in favour of the arbitrators, being required in such case to revoke the injunction order and refer the parties before the arbitral tribunal or the sole arbitrator as provided by the arbitration agreement.
An arbitration clause which refers to arbitrators disputes concerning the validity, interpretation, performance and termination of the contract, or those in any event arising from the same even indirectly, encompasses within its scope of application claims for payment of sums due by way of contractual penalty for non-performance of the obligations set out in the contract.
The determination of the costs of the ordinary proceedings concluded with a declaration of lack of jurisdiction in favour of the arbitrators cannot be referred to the arbitral tribunal, such determination not falling within the prerogatives granted to arbitrators by law or by the contractual autonomy of the parties, the ordinary court being required to provide for the relevant assessment according to the principle of costs following the event.