The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue an order for payment, since the rules governing arbitral proceedings make no provision for measures granted inaudita altera parte and the objection based on an arbitration agreement cannot be raised by the court of its own motion, but requires that same court, where the opposition is founded on the existence of that clause, to declare the order opposed void and at the same time to set it aside.
The order for payment opposed is void and must be set aside where the debtor, in bringing the opposition, raises in time the objection that the jurisdiction of the ordinary court is excluded in favour of arbitrators by virtue of a valid arbitration clause.
Upholding the preliminary objection based on the arbitration agreement is incompatible with any examination on the merits of all the further issues raised in the proceedings, which must be regarded as subsumed.