The plea of arbitration, based on a clause providing for arbitration, has a procedural nature and constitutes a question of jurisdiction that must be raised by the interested party, on pain of preclusion, in the statement of defence and within the time limit prescribed by procedural rules.
An arbitration clause contained in the articles of association of a limited liability company referring to an arbitral panel disputes between members and the company concerning disposable rights relating to the corporate relationship also encompasses liability actions under art. 2476 of the Civil Code brought by the company against its directors, as such actions are aimed at protecting disposable rights.
The termination of the relationship between the director and the company does not render the statutory arbitration clause inapplicable to disputes relating to facts that arose during that relationship.