An arbitration clause in a company's articles of association that confers on the President of the Court of Appeal the power to appoint arbitrators cannot be treated as equivalent to conferring that power on a third party external to the company within the meaning of art. 838-bis of the Code of Civil Procedure, since it is not possible to configure a mandate to a judicial authority; an application to the President of the Court of Appeal for the appointment of arbitrators is therefore inadmissible.
In corporate arbitration governed by arts. 838-bis et seq. of the Code of Civil Procedure, the supplementary functional jurisdiction for the appointment of arbitrators vests exclusively in the President of the court of the place where the company has its registered office, both where the third party designated by the statutory clause fails to make the appointment and in cases of a party's inaction under art. 810, paras. 2 and 3, of the Code of Civil Procedure; no analogous power is conferred on the President of the Court of Appeal.