An objection based on the arbitration agreement raised before the ordinary court concerns the merits and not jurisdiction or competence, since the effect of the arbitration clause is a waiver of the jurisdiction of the courts and of the right to bring court proceedings.
Under art. 808-quater cod. proc. civ., an arbitration clause referring to arbitrators disputes arising in any way from the contract extends to a claim seeking a declaration of the contractor’s liability under art. 1669 cod. civ., and the filing of a counterclaim does not amount to acceptance of the ordinary courts’ jurisdiction.
The existence of an arbitration clause does not exclude the ordinary court’s power to issue a payment order for a debt arising from the contract, without prejudice to the debtor’s right to raise the arbitrators’ jurisdiction in opposition proceedings, in which case the order must be revoked.