Court of Appeal of Rome, judgment of 8 April 2026, No. 2829

A challenge to an arbitral award rendered in respect of the liability of company directors, brought under Article 829 of the Code of Civil Procedure, requires the court of appeal to verify, at the rescinding stage, whether the shareholder had standing to bring the arbitration claim under the arbitration clause contained in the company's articles of association, as this is a preliminary issue affecting the validity of the arbitral proceedings.