Under Article 808(2) of the Code of Civil Procedure, the validity of the arbitration clause must be assessed autonomously in relation to the contract to which it refers. The arbitration clause survives the termination or resolution of the underlying contract.
Where the arbitration clause devolves to the arbitral tribunal the hearing of disputes relating to the performance and interpretation of a contract, the tribunal also has jurisdiction to hear disputes about breach and termination of the contract itself.
The arbitration objection raised before the ordinary court poses a question pertaining to the merits, not to jurisdiction or competence, resulting in the inadmissibility of the claims rather than a declaration of incompetence.