An arbitration clause contained in the deed establishing a trust, referring to arbitration all disputes and matters arising from the trust, extends to all issues concerning the management, performance and implementation of the trust.
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order, but requires that court, where the opposition is based on the clause, to revoke the order and decline jurisdiction in favour of the arbitrators, the grounds of opposition on the merits being thereby absorbed.