The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, given that the rules governing arbitration proceedings do not contemplate the issuing of ex parte orders; however, in the event of subsequent opposition based on the existence of the arbitration clause, where the objection is well-founded, the court must decline jurisdiction in favour of the arbitrators and revoke the contested order.
An arbitration clause contained in a company’s articles of association remains operative even in respect of a member who has lost such status by reason of withdrawal or exclusion, where the dispute relates to relationships arising from the corporate relationship, notwithstanding that such relationship has been terminated as regards the individual member.
A statutory arbitration clause which entrusts the appointment of arbitrators to a person outside the company, providing subsidiarily for appointment by the President of the Court, cannot be deemed generic and is capable of founding arbitral jurisdiction.