An arbitration clause does not require the specific written approval referred to in Article 1341, paragraph 2, of the Civil Code when it is not included in general contract terms prepared for an indefinite series of relationships, but results from an agreement concluded through negotiations between the parties for a single and specific transaction.
The plea of arbitration raised before the ordinary court constitutes a preliminary question of merit relating to the validity of the arbitration clause and not a question of jurisdiction or competence, since the effect of the arbitration clause consists in the waiver of jurisdiction and judicial action.
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining a payment order from the ordinary court, without prejudice to the debtor's right to raise the arbitral competence in opposition proceedings, with the consequent obligation for the court to revoke the order and declare the claim inadmissible before the ordinary jurisdiction.
In case of opposition to a payment order with a successful arbitration plea, the principle of costs following the event applies for the award of procedural costs when the opposing party has opposed the plea by excepting the nullity of the arbitration clause rather than accepting it even on a subsidiary basis.