Court of Latina, judgment of 14 July 2026, No. 1506

Where the arbitration clause identifies the disputes referred to arbitrators in a general and all-embracing manner, by reference to all those which may arise between the shareholders and between any of them and the company, the arbitrators' jurisdiction extends to all disputes arising from the contract or the relationship to which the agreement relates, including the liability action against the director.
The ordinary court's lack of potestas iudicandi, following the referral of the dispute to arbitrators, entails a declaration that the claim is not maintainable (improponibile).
Conduct contrary to good faith and grossly negligent, giving rise to aggravated liability, is that of a party which pleads in court the nullity of the arbitration clause whose application it had itself been the first to invoke out of court, by requesting the appointment of the arbitrator.