The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue a payment order (decreto ingiuntivo), given that the rules governing arbitral proceedings do not provide for the issue of orders without notice (inaudita altera parte); however, in the event of subsequent opposition based on the existence of the arbitration clause, the court must declare the opposed payment order void and refer the dispute to the arbitrators, the conditions set out in the arbitration agreement being satisfied following the contestation of the credit and the jurisdiction of the ordinary court ceasing.
The assignee of a credit arising from a contract containing an arbitration clause, being a stranger to the contract and unable to invoke the arbitration clause, may legitimately apply to the ordinary court to protect its right by means of a payment order, without the subsequent revocation of the order for lack of jurisdiction in favour of the arbitrator giving rise to an order for costs, there being serious and exceptional reasons for full compensation of costs pursuant to Article 92 of the Code of Civil Procedure.