An arbitration clause contained in the articles of association of a cooperative society, in the absence of an express provision to the contrary, operates exclusively in respect of intra-corporate disputes relating to the status of member and does not extend to commercial exchange relationships, even where they have arisen between the company and the member, since the latter holds two distinct legal relationships: an associative relationship arising from adherence to the articles of association and one originating from the bilateral contract of exchange.
The presence of an arbitration clause does not preclude the issue of a payment order pursuant to Articles 633 et seq. of the Code of Civil Procedure, the objection of arbitration being capable of being raised and examined in the subsequent opposition phase.
