The existence of an arbitration clause contained in a contract renders the claim inadmissible before the ordinary court until the dispute has been determined in arbitral proceedings pursuant to the arbitration agreement.
The commencement of arbitral proceedings in performance of the arbitration clause, where not followed by the determination of the dispute by way of an award, does not remove the preclusive effect of the arbitration agreement vis-à-vis the ordinary jurisdiction.
Supervening legislative provisions introducing limitations or prohibitions on the arbitrability of disputes relating to public contracts do not apply retroactively to arbitration clauses contained in contracts entered into prior to their coming into force, by virtue of the principle of non-retroactivity of legislation under Article 11 of the Preliminary Provisions to the Civil Code.