An arbitration agreement produces a positive effect – conferring upon the arbitrator the power to decide the dispute in a binding manner – and a negative effect – precluding the ordinary court from hearing the same dispute.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order. However, in the opposition proceedings, the court must declare nullity and revoke the payment order, and refer the dispute to the arbitrators.
An arbitration clause contained in a contract concluded following negotiations between the parties is not subject to the double-signature requirement laid down by Article 1341 of the Civil Code for unfair terms.