An arbitration clause containing reference to the interpretation and performance of the contract has comprehensive scope and encompasses all disputes having their causa petendi in the contract to which it is annexed, including claims for payment of the agreed consideration.
The effectiveness of an arbitration clause for institutional arbitration, as an onerous clause subject to the rules governing general contract terms, is conditional upon specific written approval only when inserted in contractual structures prepared to regulate an indefinite series of relationships, not when the contract is the result of specific negotiations between the parties.
The question of the existence of arbitral jurisdiction constitutes a matter of jurisdiction in the technical sense and not of merit, pursuant to article 819 ter of the Code of Civil Procedure, and must be declared by judgment containing an order striking the case from the roll.
The lack of jurisdiction of the ordinary court due to devolution of the dispute to arbitrators entails revocation of the payment order issued by an incompetent court.