The existence of an arbitration clause does not prevent a creditor from applying for and obtaining from the ordinary court a payment injunction in respect of a debt arising from the contract; however, the debtor retains the right to raise the arbitral jurisdiction plea in opposition proceedings, whereupon the court hearing the opposition is required to revoke the payment injunction and refer the parties to the arbitrators.
The connection between claims does not have the effect of derogating from the arbitral jurisdiction validly agreed by the parties in an arbitration clause, there being no rule of law that confers on connection such a derogating effect.
In arbitration matters, the plea of arbitration agreement constitutes a substantive plea in the strict sense, the object of which is the assertion of a fact barring the exercise of State jurisdiction; it must therefore be raised within the time-limits and in the manner applicable to substantive pleas, and a counterclaim formulated subject to the condition that the arbitration plea is not upheld is ontologically incompatible with the examination of the merits of that plea.