Arbitration case law

sentenza

Court of Milan, judgment of 1 July 2026, No. 5511

Tribunale of Milano

Legal principle

Given the substantial correspondence between art. 838-bis, co. 1, cod. proc. civ. and the repealed art. 34, co. 1, d.lgs. 5/2003, a dispute challenging a board of directors' resolution concerning disposable rights relating to the corporate relationship, which does not involve mandatory rules protecting general interests, may be referred to arbitration.

Methodological notes

standard

Decision text and analysis

Given the substantial correspondence between art. 838-bis, co. 1, cod. proc. civ. and the repealed art. 34, co. 1, d.lgs. 5/2003, a dispute challenging a board of directors’ resolution concerning disposable rights relating to the corporate relationship, which does not involve mandatory rules protecting general interests, may be referred to arbitration.

How to cite

Tribunale of Milano, 1 July 2026, No. 5511, «Court of Milan, judgment of 1 July 2026, No. 5511», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-judgment-of-1-july-2026-no-5511/

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