The effectiveness of an arbitration clause contained in a company's articles of association with respect to a person who subsequently acquires the status of shareholder requires, pursuant to Article 808 of the Code of Civil Procedure, the signature by the new shareholder of a written document by which the latter declares that he has taken notice of and accepts the articles of association containing the arbitration clause, without the need for the specific written approval required by Article 1341, paragraph 2, of the Civil Code, since this does not involve standard terms of contract prepared by one of the contracting parties nor contracts concluded by means of standard forms.
In the absence of proof of the signature by the shareholder of a document in written form containing the acceptance of the arbitration clause provided for in the articles of association, the objection based on arbitration must be rejected, given that the requirement of written form prescribed by Article 808 of the Code of Civil Procedure on pain of nullity cannot be deemed satisfied.
Following the denial of the signature affixed at the foot of the document containing the acceptance of the arbitration clause, the failure to submit an application for verification by the party who intends to rely on the document precludes the possibility of proving by witness testimony that the signature took place, given the inadmissibility of witness evidence directed at proving a contract which requires written form pursuant to Article 2725 of the Civil Code.