Disputes in corporate matters may form the object of arbitral compromise, with the exclusion of those which have as their object interests of the company or which concern the violation of provisions placed for the protection of the collective interest of shareholders or of third parties. The area of unavailability must be deemed circumscribed to those interests protected by mandatory provisions, the violation of which determines a reaction of the legal order independent of any initiative by a party.
An action for revocation for just cause of a director founded upon violation of the provisions which prescribe the precision and clarity of balance sheets as well as of the obligation to permit shareholders control of corporate management is not capable of being submitted to arbitration, these being provisions preordained to the protection of interests not available to individual shareholders.
A statutory arbitration clause is capable of establishing arbitral jurisdiction also for disputes relating to acts performed when the corporate capacity was held, notwithstanding subsequent cessation from office, entailing an extension of the temporal validity of the statutory provision for past events which find their cause in the office previously held.