Court of Ancona, judgment of 14 August 2026, No. 1539

An arbitration clause contained in the company's articles of association does not apply to an action for liability brought by the officer of the insolvency procedure against the directors and the statutory auditors, by reason of the unitary and indivisible content of that action, as an instrument for restoring the company's assets which stand as security for both the shareholders and the company's creditors, and in which there merge, with features of autonomy and with a change in standing to sue, both the company's action and that of the creditors, in respect of which the clause cannot in any event operate since the creditors are third parties vis-à-vis the company.
An objection based on an arbitration clause in the articles of association must therefore be dismissed where the claim combines the company's action for liability and that of the company's creditors.