Disputes between shareholders relating to expenses pertaining to the corporate relationship fall within the scope of application of the statutory arbitration clause when they derive from and depend upon it and find their exclusive foundation therein according to the functional criterion, irrespective of the moment when the obligation arises and the circumstance that the subjects involved are shareholders.
One must include among the disputes subject to corporate arbitration every dispute which nonetheless presupposes the corporate relationship in the causa petendi, irrespective of whether or not the continuing quality of shareholder is in dispute, since the expression "available rights relating to the corporate relationship" is capable of comprehending not only disputes which directly affect the corporate relationship, but also those having as their object rights nonetheless arising from and presupposing the corporate relationship.
In case of doubt, arbitral jurisdiction extends to all disputes deriving from the contract or relationship to which the arbitration agreement refers, pursuant to Article 808-quater of the Code of Civil Procedure.