An arbitration clause contained in the articles of a consortium company extends to disputes relating to allocation of work to consortium members and their subsequent execution, the assignment of works being configured as a mere executive act of the company contract by which the entity distributes among consortium members work undertaken by contract with third parties.
A statutory arbitration clause is valid when it provides for appointment of the arbitrator by a third party outside the company, even if that party is not predetermined, provided their identification occurs with both parties' consent, thus ensuring party equality and arbitrator impartiality.
The statutory arbitration clause continues to operate even after a member's withdrawal from the company, regarding disputes based on cause of action concerning rights and obligations arising from the company relationship, regardless of whether this is still in being or has ceased.
The measure by which the judge, when hearing opposition to a payment order, declares lack of jurisdiction of the judicial authority due to existence of an arbitration clause must be given as a judgment and not an order, presenting dual content of accepting the opposition on procedure for lack of jurisdiction and declaring nullity of the decree.