An arbitration clause may be tacitly waived by the parties through the adoption of procedural conduct converging towards the exclusion of arbitral jurisdiction, such as the commencement of proceedings before the ordinary court not followed by the timely raising of the arbitration objection by the defendant.
The presence of an arbitration clause does not preclude the issuing of a payment order, the summary proceedings being legitimate until any raising of the arbitration objection by the debtor in the opposition.