The arbitration clause is applicable where the dispute concerns a recourse action against a healthcare professional, since the matter does not involve rights of which the parties may not dispose, nor a dispute in which the law requires the mandatory intervention of the public prosecutor.
Where the party which has appointed its own arbitrator has notified that appointment to the other parties and the latter have not, within the following twenty days, notified in writing the identity of the arbitrator appointed by them, the appointment is made by the president of the court in whose district the seat of the arbitration is located, pursuant to art. 810, co. 2, cod. proc. civ., it also being open to him to appoint the third arbitrator where the arbitrators already appointed fail to agree on his designation.
Competence to make the appointment lies with the president of the court of the place designated by agreement of the parties as the seat of the arbitration.
The president of the court may, where he does not consider it appropriate to summon the parties, order the appointment of the arbitrator by decree, since the amendment of art. 810 cod. proc. civ. did not reproduce the provision whereby the president decided by order not open to challenge, after hearing the other party where necessary.
The resignation of the appointed arbitrator, on grounds of incompatibility or of expediency, makes it necessary for the president of the court to appoint another arbitrator.