The objection based on an arbitration clause determines the lack of jurisdiction of the ordinary court and entails the revocation of the payment order issued in violation of the arbitral allocation of jurisdiction, with consequent declaration of inadmissibility of the appeal for lack of jurisdiction.
In proceedings for opposition to a payment order, the creditor’s acceptance of the objection based on an arbitration clause raised by the debtor does not result in set-off of procedural costs, the principle of liability for costs remaining applicable to the party who obtained the payment order subsequently revoked.
An arbitration clause that provides for the allocation of any dispute between the parties to the judgment of an arbitral tribunal acting as amiable compositeur produces binding effects and determines exclusive arbitral jurisdiction, regardless of the documentary nature of the claim asserted.