An arbitration clause contained in the company’s articles of association may not be relied upon against the officer of the insolvency proceedings who brings the liability action in which the company’s action and that of the company’s creditors merge in a unitary and indivisible manner, the latter being third parties vis-à-vis the company.
The plea of an arbitration agreement based on a clause in the articles of association must therefore be rejected where the claim for damages is brought by the officer of the insolvency proceedings in a cumulative and unitary form, for the protection both of the company’s assets and of the creditors’ claims.