Legal principle
In company arbitration, where the arbitration clause in the articles of association confers upon the President of the Court of the place where the company has its registered office the power to appoint the arbitrator, in accordance with Article 34, paragraph 2, of Legislative Decree No. 5/2003, such power derives from the contractual will of the parties and not directly from the law, with the consequence that Article 5 of Legislative Decree No. 168/2003 concerning the jurisdiction of specialised divisions in company matters does not apply.
Methodological notes
standard
Decision text and analysis
In company arbitration, where the arbitration clause in the articles of association confers upon the President of the Court of the place where the company has its registered office the power to appoint the arbitrator, in accordance with Article 34, paragraph 2, of Legislative Decree No. 5/2003, such power derives from the contractual will of the parties and not directly from the law, with the consequence that Article 5 of Legislative Decree No. 168/2003 concerning the jurisdiction of specialised divisions in company matters does not apply.
How to cite
Tribunale of Latina, 4 December 2025, «Court of Latina, order of 4 December 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-latina-order-of-4-december-2025-1769520015-6154/