An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the ordinary court lacks jurisdiction in favour of the competent arbitral tribunal.
The presence of an arbitration clause does not prevent the creditor party from requesting and obtaining a decreto ingiuntivo* (summary payment order) from the ordinary court, which may be lawfully issued notwithstanding the submission of the contractual dispute to arbitrators.
The issuing of a decreto ingiuntivo by the state court in respect of a claim based on a contract containing an arbitration clause does not constitute waiver of the arbitration clause and does not preclude the subsequent raising of an objection to the jurisdiction of the state court.