An arbitration clause providing for an arbitral tribunal acting as “amiable compositeur”, which “shall decide ex bono et aequo without procedural formalities”, constitutes contractual arbitration (arbitrato irrituale), the objection to which must be raised within the time limits prescribed for raising substantive defences not capable of being raised of the court’s own motion, with the consequence that failure to raise it timeously results in forfeiture of the right to do so.
A statutory arbitration clause which refers to arbitration disputes “between the members, their heirs and successors in title” does not extend to proceedings brought by the company against a member, even where the latter is sued in his former capacity as director, such a dispute being ontologically different from those arising exclusively between members.