Legal Principle

A statutory arbitration clause that limits arbitral jurisdiction to disputes between shareholders or between shareholders and the company does not apply to an action for restitution of objective unjust enrichment brought by a bankruptcy trustee, since such action, although it may find a historical basis in the corporate relationship, is extraneous in terms of cause of action to the corporate contract and is exercised by a third party in relation to the corporate relationship.

Methodological Notes

standard

How to cite

Corte di Appello di Napoli, 16/10/2025, n. 5005, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-16-october-2025-no-5005-1768914074-7243/

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