Disputes concerning the challenge of condominium assembly resolutions, relating to disposable rights, may be referred to arbitration, as they do not fall within any of the prohibitions set out in Articles 806 and 808 of the Code of Civil Procedure, given that Article 1137, paragraph 2, of the Civil Code, in granting the condominium owner the right to resort to judicial authority against assembly resolutions, does not establish a reserve of absolute and exclusive jurisdiction of the ordinary courts.
An arbitration clause contained in a contractual condominium regulation, which provides for the reference of condominium disputes to arbitrators with the power to decide as amiable compositeurs, without procedural formalities and with a final award not subject to appeal, constitutes contractual arbitration (arbitrato irrituale), insofar as the parties intend to entrust the arbitrators with the resolution of the dispute through a contractual instrument, by means of an amicable composition or an agreement of ascertainment attributable to the will of the parties themselves.
In the presence of an arbitration clause for contractual arbitration (arbitrato irrituale) contained in a contractual condominium regulation, which is binding upon the condominium owner, the ordinary court seised for the challenge of an assembly resolution must declare its lack of jurisdiction in favour of the arbitral tribunal provided for therein.