The objection based on an arbitration agreement constitutes an objection in the strict sense, subject to the preclusion provided for in Article 167 of the Code of Civil Procedure, and must be raised by the debtor subject to the injunction in the first available defence document, namely in the statement of opposition to the payment order.
The existence of an arbitration clause does not preclude the creditor from initiating summary payment proceedings before the ordinary court, as the objection based on arbitration must be raised by the debtor in the subsequent opposition proceedings.
An arbitration clause which refers to an arbitral tribunal disputes concerning the interpretation or application of the contract also encompasses issues relating to the performance of contractual obligations and any liability for breach, such matters being inherent to the application of the contractual agreement.
For the purposes of the validity of the specific written approval of the arbitration clause pursuant to Article 1341 of the Civil Code, a specific reference to the individual clauses to be approved separately is sufficient, without the need for full reproduction of their content, provided that the method of drafting is such as to draw the attention of the adhering party to the scope of the provision.
The prior transmission of the contractual text containing the arbitration clause and the subsequent execution without objection by the adhering party, together with the affixing of the double signature with specific reference to the clauses subject to separate approval, satisfy the formal requirements provided for in Article 1341 of the Civil Code for onerous clauses in commercial relationships between undertakings.
A clause which expressly provides that the arbitral tribunal shall operate as an "institutional arbitrator at law" in accordance with the Code of Civil Procedure unequivocally configures institutional arbitration, with consequent substitution of the jurisdictional function.