Court of Bologna, judgment of 9 June 2026, No. 4800
Tribunale
di Bologna
Legal Principle
An arbitration clause contained in the articles of association of a partnership that confers the power to appoint the arbitrators on persons who are not external to the company is void pursuant to art. 838 bis, paragraph 2, of the Code of Civil Procedure, which requires, on pain of nullity, that the power to appoint all arbitrators be conferred on a person external to the company. The nullity extends also to a clause providing for contractual arbitration (arbitrato irrituale).
Methodological Notes
standard
How to cite
Tribunale di Bologna, 09/06/2026, n. 4800, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-bologna-judgment-of-9-june-2026-no-4800/