An arbitration clause referring to arbitrators disputes relating to the validity and performance of the contract must be interpreted in accordance with the canons set out in Article 1362 of the Civil Code and has an all-encompassing scope where it refers to all disputes arising from the contractual relationship, including disputes relating to the parties' mutual breaches.
The plea of arbitration (exceptio compromissi), pursuant to Article 819 ter of the Code of Civil Procedure, constitutes a jurisdictional objection in the technical sense and must be raised, on pain of forfeiture, by the statement of defence or, in proceedings for opposition to an order for payment, in the notice of opposition.
The existence of an arbitration clause does not prevent a party from applying for and obtaining from the ordinary court an order for payment in respect of a debt arising from the contract, without prejudice to the right of the debtor to raise the objection of arbitral jurisdiction in opposition proceedings, with consequent revocation of the order for payment and referral of the parties to the arbitrator or arbitral tribunal.