Court of Appeal of Brescia, 6 February 2026, No. 120

An arbitration clause contained in the instrument of incorporation of a partnership which provides for the appointment of the third arbitrator by the parties themselves, rather than by the President of the Court, is null and void.
In corporate disputes, once a partner has left the partnership, jurisdiction to hear the dispute lies with the ordinary court and not with the arbitral tribunal provided for in the articles of association.