The liability action brought by a company against its directors under Article 2476 of the Civil Code, seeking compensation for damage caused by mismanagement, may be referred to arbitration, since the right in question is of a subjective and disponible nature; this conclusion is not affected by the circumstance that the challenged conduct was carried out partly through accounting irregularities.
A statutory arbitration clause referring to arbitration all disputes arising between shareholders or between shareholders and the company, or brought by or against directors, statutory auditors and liquidators, in so far as they concern disponible rights, encompasses within its scope the liability action brought by the company against its former directors under Article 2476 of the Civil Code.