A dispute concerning the invalidity of a shareholders' resolution of a limited liability company due to failure to convene a shareholder, such defect being subject to the ratification regime provided for by Article 2379-bis of the Civil Code, relates to disposable rights and may be referred to arbitrators pursuant to a statutory arbitration clause.
Disputes relating to the determination of the ineffectiveness vis-à-vis the company of a shareholders' resolution and of a transfer of shares allegedly carried out in breach of the articles of association are arbitrable when such disputes arise between parties all holding the status of shareholders, as they concern disposable rights.
Disputes relating to the challenge of shareholders' resolutions of a limited liability company vitiated by the absolute absence of information on the matters to be discussed, pursuant to Article 2479-ter, paragraph 3, of the Civil Code, are not arbitrable, as they concern non-disposable rights, given that no ratification regime is provided for such defect.