The criterion for deferability to arbitral judgment of corporate disputes is given by the nature of the rights exercised, according to whether they are or are not available to the parties. Disputes between shareholders, or between these and the company, in which general interests of the company itself come into consideration, of publicistic nature, or which concern violation of norms placed for protection of the collective interest of shareholders or third parties, cannot form the object of transaction and cannot be devolved to arbitral judgment.
Disputes concerning dissolution of the company, even partnerships, cannot be devolved to arbitral judgment, the Court being able to be invested with ascertainment of the intervened dissolution of a partnership for the subsistence of one of the causes provided by law for such purpose.