The adherence of both parties to the plea of lack of jurisdiction in favour of arbitration, based on an arbitration clause pursuant to art. 808 of the Code of Civil Procedure, entails the declaration of lack of jurisdiction of the ordinary court pursuant to art. 819-ter of the Code of Civil Procedure and the setting of a time limit for the commencement of arbitral proceedings.
The ruling of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal entails the revocation of the payment order that was opposed, such measure having been issued by a court lacking jurisdiction over the dispute referred to arbitration.
The court that declares its lack of jurisdiction in favour of the arbitrators must set a time limit for the parties to commence arbitral proceedings according to the procedures provided for by the arbitration agreement, pursuant to arts. 50 and 819-ter of the Code of Civil Procedure.