INTRANET
Copyright 2020 - Quorum Studio Legale e Tributario Associato - Credits

The common arbitration clauses contained in the articles of association are valid, provided they are prior to the entry into force of Legislative Decree no. 5/2003

Court of Modena, 17 September 2019. Est. Masoni

date: 01.05.2020
Area: Corporate, M&A

In the decision under examination, the Court of Modena considered the arbitration clauses of common law contained in the articles of association of partnerships to be valid, if they existed prior to the entry into force of Legislative Decree no. 5/2003. In fact, in art. 34 of Legislative Decree no. 5/2003, the legislator did not provide for the obligation to amend the clauses in force with respect to the reform introduced. Consequently, the non-adjustment of the pre-existing arbitration clause does not entail its invalidity.

The common arbitration clauses contained in the articles of association are valid, provided they are prior to the entry into force of Legislative Decree no. 5/2003

Court of Modena, 17 September 2019. Est. Masoni

date: 01.05.2020
Area: Corporate, M&A

In the decision under examination, the Court of Modena considered the arbitration clauses of common law contained in the articles of association of partnerships to be valid, if they existed prior to the entry into force of Legislative Decree no. 5/2003. In fact, in art. 34 of Legislative Decree no. 5/2003, the legislator did not provide for the obligation to amend the clauses in force with respect to the reform introduced. Consequently, the non-adjustment of the pre-existing arbitration clause does not entail its invalidity.