The presence of an arbitration clause excludes the admissibility of an application under art. 696-bis of the Code of Civil Procedure for preventive technical expert evidence, as such institute, not having a provisional nature and not contemplating the requirement of urgency, does not fall within the scope of application of art. 669-quinquies of the Code of Civil Procedure which confers jurisdiction on the ordinary court over provisional applications in case of arbitration agreement.
The arbitration clause which refers to institutional arbitration disputes “between shareholders or between company and shareholders arising from corporate activities” must be interpreted restrictively, operating exclusively for claims directly connected to the corporate relationship, while facts constituting non-contractual liability for which the corporate relationship constitutes a mere factual prerequisite remain excluded from its scope of application.