A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the corporate patrimony and drawing its origin from the corporate contract, remains subject to the arbitral clause provided in the articles of association of the company, the ordinary tribunal being without jurisdiction to hear it.
A statutory arbitration clause is not opposable to corporate creditors, as persons who are third parties in respect of the corporate contract, in relation to the action for liability of directors exercised by the bankruptcy liquidator pursuant to Articles 2394 and 2476, paragraph 6, of the Civil Code for the protection of the creditors themselves.
The action of the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law cumulates the distinct actions of corporate liability and liability towards creditors, each maintaining its own presuppositions and regimes, with consequent different discipline as to the opposability of the statutory arbitral clause.