In the field of corporate arbitration, the arbitration clause contained in the founding act of a partnership, referring to arbitrators disputes between the partners and the company concerning the performance and interpretation of the corporate contract, is governed by articles 34 et seq. of Legislative Decree No. 5 of 17 January 2003, and is binding on all partners, with the result that disputes concerning available rights relating to the corporate relationship must be referred to arbitration.
Statutory arbitration clauses have broad scope and extend to challenges against resolutions of members’ meetings or corporate decisions, with the sole exception of disputes concerning inalienable rights or cases of incurable nullity.