The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, given that the rules governing arbitral proceedings do not contemplate the issue of orders made without hearing the other party; however, the court seized of the matter is required, in the event of a subsequent opposition founded on the existence of the arbitration clause, to declare the opposed order null and void and simultaneously to refer the dispute to arbitration.
A merger by incorporation entails a universal succession with the consequent transfer to the incorporating company of all active and passive legal positions of the incorporated company, including any arbitration clause contained in contracts entered into by the latter; such clause is accordingly valid and enforceable against the incorporating company.