Court of Appeal of Milan, judgment of 20 July 2026, No. 2111

An objection to the jurisdiction of the ordinary courts founded upon an arbitration clause contained in the articles of association, if raised for the first time on appeal, is inadmissible as infringing the prohibition laid down by art. 345 cod. proc. civ.
An arbitration clause in the articles of association which expressly refers only to disputes concerning the corporate relationship does not extend to disputes relating to the distinct exchange relationship entered into between the entity and the member, which retains its own autonomous cause and legal regime as against the associative relationship.