An arbitration clause contained in the constitution of an association, referring disputes between the association and its members to arbitration, is binding upon a member who has brought proceedings before the ordinary court in respect of disposable rights, with the consequence that the ordinary court lacks jurisdiction.
The arbitrability of a dispute referred to an arbitral tribunal by virtue of a statutory arbitration clause is conditional upon verification that the rights which are the subject of the claim do not fall among non-disposable rights, in respect of which the ordinary court retains exclusive jurisdiction.