An arbitration clause providing for institutional arbitration contained in a business branch lease agreement does not preclude recourse to eviction validation proceedings for non-payment of rent, given that disputes reserved by law to the functional and mandatory jurisdiction of the ordinary courts, such as special validation proceedings, may not be referred to arbitration.
Once the summary phase of the eviction validation proceedings has been completed, the arbitration clause contained in the contract at issue regains its full effect, with the consequence that the ordinary court lacks jurisdiction to hear the merits of any opposition, and the parties must be referred to arbitral jurisdiction.