sentenza
No. 148
Year: 2026

Court of Appeal of Brescia, 16 February 2026, No. 148

⚖️ Corte di Appello
📅

Legal Principle

A dispute concerning the challenge of a general meeting resolution on the grounds of a lack of the requirements of truthfulness, clarity and precision of the financial statements or of the balance sheet on which the resolution is based is not arbitrable, as it concerns non-disposable rights, the relevant rules being intended to protect not only the interests of members but also those of third parties.
A matter that, if raised independently, would not itself be arbitrable, cannot be relied upon as an element symptomatic of an arbitrable defect, since such indirect use would circumvent the prohibition on referring disputes concerning non-disposable rights to arbitrators.

Methodological Notes

standard

How to cite

Corte di Appello, 16/02/2026, n. 148, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-brescia-16-february-2026-no-148-1775852620-6981/