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The arbitration clause contained in the articles of association of a partnership is null and void if it provides for the appointment of a single arbitrator by the shareholders and, alternatively, by the President of the Court

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese

date: 19.10.2020
Area: Corporate, M&A

With the ruling in question, the Superior Court declared the invalidity of the arbitration clause contained in the articles of association of a partnership, if the latter provides for the appointment of a single arbitrator by the shareholders and, in case of disagreements, by the president of the Court at the request of the most diligent party. In fact, this clause is in contrast with the contents of Legislative Decree 5/2003 by which the legislator intended to reform company law. It follows, therefore, that even if this clause is contained in the bylaws, it will have no effect and the dispute can only be brought before the ordinary judge.

The arbitration clause contained in the articles of association of a partnership is null and void if it provides for the appointment of a single arbitrator by the shareholders and, alternatively, by the President of the Court

Civil Superior Court, Section I, 31 July 2020. Pres. Giancola. Est. Lamorghese

date: 19.10.2020
Area: Corporate, M&A

With the ruling in question, the Superior Court declared the invalidity of the arbitration clause contained in the articles of association of a partnership, if the latter provides for the appointment of a single arbitrator by the shareholders and, in case of disagreements, by the president of the Court at the request of the most diligent party. In fact, this clause is in contrast with the contents of Legislative Decree 5/2003 by which the legislator intended to reform company law. It follows, therefore, that even if this clause is contained in the bylaws, it will have no effect and the dispute can only be brought before the ordinary judge.