Court of Appeal of Brescia, 6 February 2026, No. 120
Corte di Appello
Legal Principle
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.
Methodological Notes
standard
How to cite
Corte di Appello, 06/02/2026, n. 120, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-brescia-6-february-2026-no-120-1774871919-4894/