Abstract
The author focuses on the issue whether the arbitration clause may be a part of Articles of association of a limited company or bylaws of a joint-stock company. The key question is whether the particular arbitration clause is real statutory provision (binding upon the company and the members of its internal bodies) or unreal statutory provision (binding only upon the company members as parties to the memorandum of association).
Author concludes that an arbitration clause in a Articles of association has the real statutory nature in the case that an arbitration clause is included in the share. In author's opinion it is possible to create specific kind of share(s) within arbitration clause.
This solution explains the majority of problem questions connecting with an arbitration clause in the memorandum of association.