An arbitration clause contained in the articles of association which refers to arbitrators all disputes arising from the corporate relationship, including those relating to the application of the provisions of the articles of association and resolutions of corporate bodies, brings within the arbitral jurisdiction disputes concerning claims by the company against a member for contributions and shares of corporate expenses, these being obligations whose enforceability depends on the provisions of the articles of association and resolutions of the general meeting or board.
The existence of an arbitration clause does not preclude the filing of an application for an injunction order nor the issue of the payment order, given the absence of adversarial proceedings in the summary phase which prevents the raising of the objection based on the arbitration agreement; however, once opposition proceedings have been commenced and the objection of arbitration has been raised in due time, the ordinary court must declare its lack of jurisdiction and, consequently, revoke the opposed injunction order.