An arbitration clause contained in a company's articles of association which does not confer the power to appoint all the arbitrators on a person extraneous to the company, as required by Article 838-bis of the Code of Civil Procedure, is affected by nullity, given that the requirement of third-party autonomy in the appointment of the deciding body is designed to safeguard impartiality and independence and is mandatory in nature, applying irrespective of whether the arbitration is institutional or contractual (arbitrato irrituale).