An arbitration clause contained in the articles of association of a cooperative society, which refers to arbitrators disputes between members and the society concerning available rights, even when the status of membership is in dispute, extends to claims relating to the exchange relationship – such as the allocation of social housing and the restitution of sums paid – where such claims are premised upon the determination of the lawfulness of the member’s expulsion, being configured as a consequence of the verification concerning the continuance of the membership relationship.
In housing cooperatives whose object is the construction of dwellings to be allocated to members, a statutory arbitration clause providing for the reference to arbitrators of disputes connected with the interpretation and performance of the articles of association encompasses also disputes relating to the exchange relationship, whenever this becomes relevant as a procedure which realizes the interest in membership participation and is therefore examined as an act in execution of the mutual relationship.