A statutory arbitration clause which refers to arbitration “any dispute between shareholders or between shareholders and the company” arising from “corporate affairs and the interpretation or performance of this articles of association” has general scope and applies to all disputes concerning corporate relationships, regardless of when the disputed claim arose.
Disputes relating to a shareholder’s failure to pay consortium charges, even when such charges accrued after the company’s declaration of bankruptcy and were incurred by the bankruptcy trustee (curatela) for the maintenance of common facilities, fall within “corporate affairs” subject to the statutory arbitration clause.
An arbitration clause contained in the articles of association is enforceable against the bankruptcy trustee and binds the ordinary court to declare its lack of jurisdiction over the entire claim referred to arbitral cognisance.