An arbitration clause inserted in the articles of association of an association is valid and binding upon persons who join the association by accepting the articles, without the need for specific individual negotiation of the clause.
In the presence of a statutory arbitration clause covering disputes between members, a creditor is permitted to apply for an order for payment (decreto ingiuntivo) before the ordinary court; however, once opposition to the order for payment is filed and the arbitral jurisdiction is raised in a timely manner, the ordinary court is bound to decline its jurisdiction in favour of the arbitrators, as the arbitration clause must take full effect in the phase of proceedings on the merits initiated by the opposition.
A statutory arbitration clause that refers to arbitrators disputes arising between members in connection with the associative relationship applies to disputes concerning available rights pertaining to internal relations between members, without extending to relations with third parties external to the association.
