In matters concerning associations the general principle applies that disputes may freely be referred to arbitrators, the only exceptions being cases of express statutory prohibition and those in which the dispute concerns rights which are not capable of being disposed of under art. 806, co. 1, cod. proc. civ.
A challenge to the determination of an association’s organ excluding a member’s candidature for internal offices does not concern rights incapable of disposal, since the identification of the requirements for access to office is left to the collective will of the body, and the mere fact that the individual provision of the articles may be reviewed by a court is not sufficient to elevate the individual’s position to a right incapable of disposal, nor to found the non-arbitrability of the relevant dispute.
A claim falling within the scope of an arbitration clause providing for contractual arbitration (arbitrato irrituale) must be declared not maintainable (improponibile) before the ordinary courts.
The expiry of the contractually agreed time limit for commencing arbitration does not entail, even in contractual arbitration, the definitive waiver of judicial protection of the rights arising from the disputed relationship, unless the parties have expressly attached that effect to the expiry of the time limit.