The subsistence of a conflict of interests between the director of a company and the company itself, determined by the circumstance that the director is defendant in arbitral proceedings brought for compensation of damages to the company, entails the necessity of appointing a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure.
Jurisdiction for the appointment of a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure belongs to the ordinary court even when arbitral proceedings are pending, such procedural function remaining within the exclusive jurisdiction of the ordinary jurisdiction notwithstanding the submission of the dispute to arbitrators.