The partial nullity of an arbitration clause due to a merely potestative condition precedent does not entail the nullity of the entire arbitration agreement when the void part is not inextricably linked to the remainder of the clause and the contracting parties have manifested a clear intention to submit disputes to arbitral adjudication.
The existence of a valid arbitration clause determines the lack of jurisdiction of the ordinary court and the inadmissibility of the application for payment order, with consequent revocation of the decree for payment issued in violation of the arbitral jurisdiction agreed upon by the parties.