Where the articles of association confer on the arbitral tribunal jurisdiction over a challenge to the resolution excluding a shareholder and refer all disputes relating to corporate relationships to a tribunal of three arbitrators appointed by the President of the Court, the conditions are met for the judicial appointment of the members of the tribunal, who are to designate the chairman from among themselves.
In proceedings for the appointment of the arbitral tribunal, the re-service of the application as ordered cures any defect connected with the establishment of the inter partes procedure.