An arbitration clause contained in an individually negotiated contract is not subject to the requirement of specific written approval under Articles 1341 and 1342 of the Civil Code, which applies exclusively to standard terms and conditions unilaterally drafted by one of the parties; in the absence of textual elements allowing the contract to be attributed to the unilateral will of a single drafter, the nullity of the arbitration clause for want of a second signature cannot be established.
The inadmissibility of a judicial claim by reason of an arbitration clause cannot be raised by the court of its own motion, but may only be relied upon at the request of the interested party; it follows that the presence of an arbitration clause does not preclude the filing of an application for an injunction order or its issue by the ordinary court.
Where an arbitration clause exists, the ordinary court retains the power to issue an injunction order, since arbitral proceedings do not provide for the issue of ex parte orders; however, where in the opposition proceedings the debtor raises the objection of arbitral jurisdiction, the court hearing the opposition must revoke the injunction order and refer the parties to the arbitrators, its jurisdiction to decide the merits thereby ceasing.