Legal Principle

In companies limited by shares, an arbitration clause contained in the articles of association takes precedence over the special provision that confers jurisdiction on the court for the exclusion of a member in the case of a company composed of only two members, resulting in the referral to arbitration of all disputes between members and the company, including those relating to challenges to exclusion resolutions.

Methodological Notes

standard

How to cite

Corte di Appello di Napoli, 29/10/2025, n. 5299, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-naples-29-october-2025-no-5299-1769079702-9768/

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