An arbitration clause contained in a framework agreement governing the terms of a sale of a going concern retains its effectiveness in respect of disputes relating to the subsequent notarial deed of transfer, where the latter is of a merely executory nature vis-à-vis the original agreement and the parties have expressly agreed that the execution of the notarial deed shall have no novative or amending effect upon the provisions of the agreement.
The plea based on the arbitration agreement must be reclassified as a plea of lack of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure and must be raised, on pain of forfeiture, in the first pleading available.
The existence of an arbitration clause does not preclude the ordinary court from issuing an order for payment in summary proceedings, but where in the opposition proceedings the plea of arbitration is raised in a timely manner and the clause is found to be valid and operative, the court must declare the order for payment null and void and refer the parties to arbitration.