In the absence of an express contrary intention, an arbitration clause must be interpreted in the sense of conferring on the arbitral tribunal jurisdiction over all disputes relating to claims having their cause of action in the contract to which the clause is appended.
The existence of an arbitration clause does not preclude the application for and issue of an order for payment, given that proceedings for an order for payment lack the adversarial element necessary for the objection of arbitration to be raised; however, once opposition proceedings have been commenced and the objection of lack of jurisdiction has been raised in a timely manner, the ordinary court which finds that a valid arbitration clause exists must decline jurisdiction and revoke the opposed order for payment.
Opposition proceedings against an order for payment, where an arbitration clause covers all disputes arising from the contract with the exception of summary or conservatory proceedings, cannot be treated as falling within such proceedings and therefore remain subject to arbitration.