When, during the proceedings for challenging an arbitration award, the judicial liquidation of the challenging party is opened, it falls to the appointed curator to continue the same proceedings, and not to the partners or directors of the company.
The provision of Article 96, paragraph 2, number 3, of the Bankruptcy Law (now Article 204, paragraph 2, letter c, of Legislative Decree 14/2019) contains a derogation from the general principle and from the attracting force of insolvency proceedings, placing upon the curator the burden of bringing or continuing proceedings for challenging an arbitration award pronounced before the declaration of bankruptcy and not yet having acquired the force of res judicata.