The internal body of an unrecognised association that exercises disciplinary power by imposing sanctions on members does not perform an arbitral function, even where the articles of association refer to its decisions as “awards”, when the rules of the articles of association do not constitute an arbitration agreement for the purposes of institutional arbitration under Article 809 of the Code of Civil Procedure or corporate arbitration under Article 34 of Legislative Decree No. 5/2003, but rather confer on the body the power to decide appeals concerning breaches of the articles of association by applying disciplinary sanctions. It follows that the provisions on the nullity of arbitration clauses and on the composition of the arbitral tribunal do not apply.
