An arbitration clause contained in the articles of association of a cooperative society, specifically approved in writing by the member in the application for admission with an express declaration of acceptance and knowledge of the articles of association, is validly enforceable against that member and determines the lack of jurisdiction of the ordinary court in favour of the arbitrators, without it being possible to invoke the rules on unfair contract terms pursuant to Article 1341 of the Civil Code, given the commonality of interests between the company and the member which excludes the typical opposition characteristic of contracts of adhesion.
A statutory arbitration clause which refers the appointment of arbitrators to the Arbitration Chamber of a Chamber of Commerce, referring to its rules for the determination of the number and manner of appointment, satisfies the validity requirements laid down in Article 34 of Legislative Decree 5/2003, since it concerns a third party unconnected with the company to whom the appointment of arbitrators is legitimately entrusted according to its own internal rules.
The effectiveness of the arbitration clause contained in the articles of association vis-à-vis the member is not conditional upon the actual delivery or production of the text of the articles of association at the time of admission, the principles of self-responsibility prevailing by virtue of which the party is required to adequately assess the scope of its own declarations, especially where it has attested in writing that it is aware of the articles of association and specifically accepts the arbitration clause contained therein.