An arbitration clause contained in condominium regulations providing for the submission of disputes between condominium owners, or between them and the condominium bodies, to a panel of amiable compositeurs who shall decide finally ex bono et aequo without procedural formalities, constitutes contractual arbitration (arbitrato irrituale), since the parties intend to entrust the arbitrators with the resolution of disputes through a contractual instrument, by means of an amicable composition or an ascertainment agreement attributable to their will.
Disputes concerning challenges to condominium assembly resolutions may be referred to arbitration, given that Article 1137, paragraph 2, of the Civil Code, in recognising the condominium owner’s right to resort to the judicial authority against assembly resolutions, does not establish a reservation of absolute and exclusive jurisdiction of the ordinary courts, and such disputes, concerning disposable rights, do not fall within the prohibitions set out in Articles 806 and 808 of the Code of Civil Procedure.