sentenza
No. 413
Year: 2025

Court of Macerata, 4 June 2025, N. 413

⚖️ Tribunale di Macerata
📅

Legal Principle

A statutory arbitration clause, whilst valid and capable of conferring exclusive jurisdiction on arbitration in disputes between shareholders and the company to the exclusion of the ordinary judicial authority, cannot be invoked against the Curator of judicial liquidation (the court-appointed administrator in insolvency proceedings), being a third party in relation to the legal relationship under consideration. This is because the curator does not succeed to the ownership of relationships that belonged to the company subject to judicial liquidation nor assume its legal representation, but deals exclusively with the management of the company's assets, assuming for this purpose the procedural standing of the latter.

Methodological Notes

standard

How to cite

Tribunale di Macerata, 04/06/2025, n. 413, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-macerata-4-june-2025-n-413-en-1753526562/