The referral of company disputes to arbitrators does not satisfy the requirement of subsidiarity of the action for unjust enrichment, since an arbitration clause does not give rise to an original want of title nor to the non-existence of the specific action, but merely identifies the authority competent to determine it.
A party bound by an arbitration agreement must pursue its contractual action in arbitration and may not circumvent the arbitration clause by bringing a claim for unjust enrichment before the ordinary court.