The liability action brought by a member against the directors of a company, aimed exclusively at obtaining a declaration of liability and damages without a claim for the invalidity of the financial statements, concerns disposable patrimonial rights within the context of a contractual relationship and is therefore arbitrable pursuant to Article 34 of Legislative Decree No. 5/2003.
The statutory arbitration clause that refers to arbitrators disputes between members and directors arising from the corporate relationship concerning disposable rights results in the lack of jurisdiction of the ordinary court over the damages claim brought by the member against the director for management liability.