Court of Naples, 17 February 2026, No. 2648
Legal Principle
The arbitration clause contained in the articles of association of a cooperative or consortium company, which provides for the referral to arbitrators of all disputes arising from the corporate relationship, must be interpreted broadly, encompassing not only disputes relating to the phase of allocation of works, but also those concerning the payment of the consideration due to members for services rendered in performance of the corporate relationship.
The arbitration clause provided for in the articles of association of a cooperative or consortium company retains its effectiveness even after the withdrawal or expulsion of a member, with reference to all disputes relating to the corporate relationship that existed prior to the cessation of membership.
Methodological Notes
standard