An arbitration clause contained in the articles of association of a consortium, amended after a member’s withdrawal, is not applicable to disputes arising with that member, the applicable version being that in force at the time when the consortium relationship was still effective.
A statutory arbitration clause which expressly excludes from arbitral jurisdiction disputes concerning debts that are certain, liquidated and due in favour of the consortium, entitles the latter to bring proceedings before the ordinary judicial authority, including by way of order for payment, for the recovery of such debts against the consortium member.