An arbitration clause contained in a procurement contract between undertakings, drawn up to regulate a specific commercial transaction and not intended to govern an indefinite series of relationships, does not fall within the category of general conditions of contract under Article 1341 of the Civil Code and does not require the specific written approval prescribed by paragraph 2 of the same provision, given that the requirement for such approval presupposes not only the unilateral preparation of the contractual content but also that the contractual framework is designed to serve an undifferentiated plurality of relationships by means of standard forms or templates for serial use.
The ordinary court has jurisdiction to issue an order for payment notwithstanding the existence of an arbitration clause in the contract from which the debt arises; however, where opposition is filed to the order for payment and the debtor raises the objection of arbitral jurisdiction, ordinary adversarial proceedings are instituted and, where the conditions set out in the arbitration agreement are met, the jurisdiction of the court previously seized ceases, and that court must decline jurisdiction, revoke the order for payment and refer the parties to arbitration.