The arbitration clause that refers to the arbitrators the phase of opposition to the payment order, whilst reserving to the ordinary jurisdiction the issuance of the order itself, is valid and results in the lack of jurisdiction of the ordinary court in the opposition phase.
The ordinary court, in the presence of an arbitration clause that confers on the arbitral tribunal jurisdiction over the phase of opposition to a payment order, must declare its lack of jurisdiction and may not rule on the revocation of the order, that being a matter remitted to the arbitral jurisdiction.
The arbitration agreement may validly confer upon the arbitral tribunal the power to grant provisional enforceability to a payment order that is not otherwise enforceable and to revoke it by way of an award, subject to the limitations relating to the suspension of enforceability provided for by the clause itself.