Where an arbitration clause is contained in the articles of association, the President of the Court, having verified the existence of the conditions for the exercise of the power of appointment conferred upon him, appoints the sole arbitrator under artt. 838 bis et seq. cod. proc. civ., including where the dispute concerns the suspension and annulment of a resolution of the management body as being contrary to the law, to the instrument of incorporation and to the articles of association.
The arbitrator appointed must communicate without delay his acceptance of the appointment, together with a declaration of independence, impartiality and absence of the grounds of incompatibility or challenge provided for by law, and the arbitral proceedings take place at the seat provided for by the arbitration clause.