The ordinary court remains competent to grant interim measures, under art. 818, co. 2 cod. proc. civ., until the arbitral tribunal has been constituted, notwithstanding the arbitration clause contained in the articles of association.
A dispute concerning a right incapable of being disposed of, such as a member’s right of inspection, cannot be referred to arbitration and remains outside the operation of the arbitration clause contained in the articles of association.