The arbitration clause that refers to an arbitral tribunal disputes between members or between members and the company concerning the interpretation and performance of the articles of incorporation, providing that the tribunal shall decide without formalities as amiable compositeur, constitutes contractual arbitration (arbitrato irrituale) and renders the judicial claim inadmissible, without giving rise to a case of lack of subject-matter jurisdiction.
The arbitration clause contained in the articles of incorporation of a company, which refers to arbitrators disputes concerning the interpretation and performance of the articles of association, applies also to a member who has ceased to be part of the company, where such member, in pursuing claims arising from the corporate relationship, relies on compliance with the rules agreed upon in the articles themselves.