Party that files an evidentiary proceeding before the judiciary, notwithstanding the existence of an arbitration clause in the contract. Filing of a counterclaim by the defendant. Once the claimant has opted for the state court, it is subject to all consequences arising from the regular processing of the lawsuit, and the allegation that the subject matter addressed in the counterclaim must be adjudicated through arbitration is unwarranted. Maintenance of the dispute under the jurisdiction of the judiciary: