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 and the repealed art. 34, co. 1, d.lgs. 5/2003, a dispute challenging a board of directors' resolution concerning disposable rights relating to the corporate relationship,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 and the repealed art. 34, co. 1, d.lgs. 5/2003, a dispute challenging a board of directors’ resolution concerning disposable rights relating to the corporate relationship,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/