The existence of an arbitration clause referring disputes between shareholders and the company to arbitration constitutes a sufficient basis for the appointment of the arbitral tribunal by the President of the Court pursuant to Article 810 of the Code of Civil Procedure.
The presidential order appointing the arbitral tribunal is non-decisory in nature, being intended not to resolve with the authority of res judicata the conflict between the parties’ subjective rights, but to assess the application for appointment on a discretionary basis, with the consequence that objections relating to the merits of the dispute are precluded in such proceedings.
The order appointing the arbitral tribunal, being devoid of decisory character and not capable of becoming final, may by its nature be challenged only at the conclusion of the arbitral proceedings by way of challenge of the final award.