The classification of arbitration as institutional or contractual depends on the will of the parties as expressed in the arbitration agreement. When the parties have unambiguously defined the arbitration as “institutional” and established that the decision must be rendered “according to law”, such classification prevails over any provisions of the rules of the administering body that do not provide for institutional arbitration, even if referenced subsidiarily for the appointment of arbitrators.
The judge hearing an opposition to a payment order who declares lack of jurisdiction in favour of institutional arbitration must necessarily revoke the payment order by express order, as mere cancellation of the case from the court roll is insufficient to prevent the decree from producing the provisional effects of which it is capable pending the opposition.