A statutory arbitration clause providing for the referral to arbitrators of disputes concerning corporate affairs, the interpretation and the performance of the articles of association also encompasses disputes relating to the challenge of shareholders’ resolutions, without the need for their express mention, since the legislature undoubtedly intended to include such disputes among those capable of being referred to arbitration.
The only limit to the arbitrability of corporate disputes lies in the non-availability of the rights asserted, which is to be identified in the fact that they derive from mandatory rules enacted for the protection of the collective interest of the shareholders or of third parties.