Disputes between companies and shareholders concerning patrimonial rights arising from the corporate relationship fall fully within the scope of statutory arbitration clauses that provide for submission to arbitrators of disputes arising between company and shareholders in connection with the articles of association.
The unavailability of the disputed right constitutes the only limit placed on contractual autonomy in submitting to arbitrators the resolution of disputes arising from corporate relationships, pursuant to Article 34 of Legislative Decree of January 17, 2003, No. 5.
Within corporate disputes, the area of non-arbitrability is restricted to absolute unavailability of rights and therefore to incurable nullities only, not extending to violations of mandatory rules whose relevance has merely intra-corporate significance.
The validity and effectiveness of arbitration clauses are not excluded by the mandatory nature of rules governing legal relationships when party rights are available in nature, determining exclusively the effect of expanding jurisdictional review of awards to include error in iudicando.
Companies with public participation retain their private nature with organization according to civil law corporate types and do not lose their private entity nature merely because capital is supplied by contributions from the State or other public bodies, thus remaining subject to statutory arbitration clauses.