An arbitration clause in condominium rules providing for the appointment of arbitrators by a majority of the co-owners is void, as it conflicts with the mandatory principle, applicable to both informal and ritual arbitration, that arbitrators must be appointed with the concurrence of the will of all litigants, in order to ensure their independence and impartiality.
The partial nullity of an arbitration clause providing for a method of appointment of arbitrators that conflicts with a mandatory rule cannot be cured by the automatic replacement mechanism under Article 1419, paragraph 2, of the Civil Code, since the replacement of the mandatory rule must operate in respect of the entire clause and not by substituting only a part of the rule for the part of the clause that gives rise to the nullity.