Legal principle
The arbitration clause contained in the articles of association of a company subject to judicial liquidation cannot be invoked against the liquidator exercising the action for liability provided for by Article 255 of the Business Crisis and Insolvency Code, given the unitary and indivisible nature of such action, which encompasses both the corporate action for liability and that belonging to the company's creditors, who, being third parties to the articles of association, are not bound by the statutory arbitration clause.
Methodological notes
standard
Decision text and analysis
The arbitration clause contained in the articles of association of a company subject to judicial liquidation cannot be invoked against the liquidator exercising the action for liability provided for by Article 255 of the Business Crisis and Insolvency Code, given the unitary and indivisible nature of such action, which encompasses both the corporate action for liability and that belonging to the company’s creditors, who, being third parties to the articles of association, are not bound by the statutory arbitration clause.
How to cite
Tribunale of Catania, 10 November 2025, «Court of Catania, order of 10 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-catania-order-of-10-november-2025-1769332606-2178/