An arbitration clause contained in a contract extends to disputes arising out of subsequent contracts linked to the first where the latter expressly incorporate all the contractual terms of the original contract, thereby effecting an integration of the contractual activities within the framework of a single contractual relationship.
A merger by incorporation pursuant to Article 2504-bis of the Civil Code entails that the incorporating company assumes all the rights and obligations of the incorporated company, continuing in all their relationships existing prior to the merger, with the consequence that arbitration clauses contained in contracts entered into by the incorporated company are binding upon the incorporating company.
The presence of an arbitration clause does not prevent the party from applying for and obtaining from the ordinary court a payment order in respect of the credit arising out of the contract in which the clause is contained, without prejudice to the right of the debtor to raise the objection of arbitral jurisdiction in opposition proceedings.
The court hearing opposition to a payment order, in the presence of a valid objection of lack of jurisdiction founded on an arbitration clause, must declare its lack of jurisdiction in favour of the arbitrator and revoke the payment order issued.
An arbitration clause, in the absence of an express contrary intention, must be construed broadly so as to attribute to arbitral jurisdiction all disputes relating to claims having their causa petendi in the contract to which the clause is appended.
Pursuant to Article 808-quater of the Code of Civil Procedure, in case of doubt the arbitration agreement is to be construed in the sense that arbitral jurisdiction extends to all disputes arising out of the contract or relationship to which the agreement refers.