The unavailability of the right constitutes the limit to recourse to the arbitration clause and must not be confused with the non-derogability of the rules applicable to the legal relationship, which does not prevent submission to arbitration.
Only disputes relating to the challenge of consortium resolutions having unlawful or impossible object pertain to unavailable rights, as such not arbitrable under art. 806 Code of Civil Procedure, which give rise to nullity that may be raised even ex officio by the judge.
The nullity of consortium resolutions for violation of art. 2607 Civil Code does not constitute breach of an unavailable right, as such rule is directed at protecting individual consortium members and not interests of a general nature that exceed those of the individual member.
The right of the consortium member to the immutability of the contract does not have an unavailable nature, as may be inferred from the functional dimension of the rule under art. 2607 Civil Code and from the dispositive nature of the provision contained in the first paragraph of the same provision.