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Court of Catania, 25 January 2026, No. 457

Arbitration clauses contained in the articles of association are valid and binding in respect of disputes relating to the validity of shareholders’ resolutions, provided that they do not concern rights that are not freely disposable, and they give rise to the lack of jurisdiction of the ordinary court in favour of the arbitral tribunal, in compliance with the requirements of Article 36 of Legislative Decree No. 5/2003, which requires the decision to be made by arbitrators ruling according to law, with the award being subject to challenge pursuant to Article 829(3) of the Code of Civil Procedure.

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