The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the articles of association of a company, must be raised in a timely manner and adequately pursued by the interested party, as the court cannot raise it of its own motion where the dispute concerns available rights and the party has failed to insist on the objection at the stage of clarification of conclusions, resulting in an implied waiver of the arbitration objection.