Arbitration case law

ordinanza

Court of Catania, order of 10 November 2025

Tribunale of Catania

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/

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