The existence of an arbitration clause precludes recourse to a preliminary technical consultation for the purpose of settling the dispute under Article 696-bis of the Code of Civil Procedure, given that such instrument, lacking a precautionary nature and being aimed at reducing litigation and promoting conciliation, is incompatible with the parties' conventional choice to refer to arbitrators the jurisdiction to decide the matter, unlike a preliminary technical survey under Article 696 of the Code of Civil Procedure which, having the function of obtaining and preserving evidence, remains admissible even in the presence of an arbitration agreement.
The intention of a party to object to the use of a preliminary technical consultation under Article 696-bis of the Code of Civil Procedure in the presence of an arbitration clause must be afforded protection, since the conventional choice to entrust arbitrators with the conduct of proceedings and any conciliation may not be circumvented through recourse to such procedural instrument.