The existence of an arbitration clause does not preclude the application for and obtaining of a payment order from the ordinary court for the claim arising from the contract, without prejudice to the right of the debtor to raise the plea of arbitral jurisdiction in the opposition proceedings, with the consequent obligation upon the court to revoke the payment order where it ascertains the applicability of the arbitration clause to the dispute.
The scope of application of the arbitration clause is to be determined by interpretation of the contract containing it, having regard to the intention of the parties and the overall subject matter of the contractual relationship, even where the accounting of the services was kept separately for administrative or bookkeeping purposes.
