Court of Monza, decree of 3 August 2026 (R.G. 00005297/2026)

Where the arbitration clause in the articles of association refers to a sole arbitrator, appointed by the President of the Court of the district in which the company has its registered office, any dispute between the shareholders, or between the shareholders and the company, including a dispute brought by or against directors, liquidators and statutory auditors, concerning disposable rights relating to the corporate relationship, the appointment is made, pursuant to art. 810 cod. proc. civ., upon the application of the party intending to commence the arbitration.
A dispute concerning the invalidity of a resolution of the shareholders' meeting and the consequent award of damages falls within the scope of the arbitration clause in the articles of association relating to disposable rights inherent in the corporate relationship.
Notice of the appointment of the arbitrator made by the President of the Court must be given in the forms prescribed by art. 810, co. 3, cod. proc. civ.