In contracts for public works awarded to enterprises united in a temporary association, the declaration of bankruptcy of the mandatary company determines dissolution of the contract limited to the position of the bankrupt mandatary enterprise, with consequent unopposability of the arbitration clause to the bankruptcy curator.
The opposability of an arbitration clause presupposes the effectiveness of the contract in relation to the bankrupt company. When the contractual relationship is dissolved limited to the position of the bankrupt enterprise, the arbitration clause becomes unopposable to the bankruptcy.
In case of dissolution of the contract by reason of bankruptcy of one of the parties, the curator who acts for recovery of a credit which came into existence before the bankruptcy cannot invoke the arbitration clause contained in the original contract, acting in the capacity of mere procedural substitute and not of successor in the contractual relationship.