The arbitration clause contained in the contract does not prevent the issuance of a payment order, but the debtor may subsequently raise the objection of lack of jurisdiction of the ordinary court in opposition proceedings, resulting in the revocation of the order issued and the referral of the dispute to the agreed arbitral tribunal.
The objection based on arbitration agreement, being procedural in nature, constitutes a jurisdictional issue comparable to lack of territorial jurisdiction, with consequent application of article 50 of the Code of Civil Procedure regarding the set-off of legal costs when the parties agree to the indication of the competent adjudicator.