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Court of Brescia, 29 January 2026, No. 1247

A statutory arbitration clause that refers to arbitrators disputes between the company and its members concerning available rights, containing a general reference to institutional arbitration under Legislative Decree No. 5/2003, must be interpreted as meaning that the arbitrability extends exclusively to disputes concerning rights relating to the corporate relationship, to the exclusion of disputes concerning contractual relationships of a different nature, even where the latter relate to rights deriving from the corporate relationship, where the determination sought neither presupposes nor entails the examination of corporate rights and relationships.

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