Court of Appeal of Rome, 22 May 2025, N. 3187
Legal Principle
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of Civil Procedure together with the final award. But an award is immediately challengeable when it partially decides the merits of the dispute - such as an award containing a general condemnation or one that decides one or some of the claims without determining the entire proceedings.
An arbitration clause must be interpreted to give arbitral jurisdiction over all disputes that relate to claims having their cause of action in the contract to which the clause is attached. The arbitration clause operates for all disputes generated by the corporate relationship and causally connected with it, even if arising after the relationship has ended.
For applying an arbitration clause, what matters is the basis of the claim, not whether the relationship still exists when the claim is made. Therefore it cannot be relevant that a member did not oppose the resolution excluding him from the cooperative when he seeks reimbursement of contributions paid following his exclusion.
Methodological Notes
standard