An arbitration clause contained in the articles of association of a partnership which provides for the appointment of a sole arbitrator by the partners and, in case of disagreement, by the president of the court upon application by the more diligent party, is null and void pursuant to article 838 bis of the Code of Civil Procedure, as it does not provide for the conferment of the power to appoint the arbitrator to a subject external to the company.
The statutory arbitration clause does not include liability actions brought by a partner against the director for mismanagement, remaining limited to disputes arising directly from the application of the articles of association.