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Court of Naples, 25 January 2026, No. 1189

An arbitration clause contained in the articles of association of a cooperative society, which submits to the cognisance of institutional arbitrators disputes arising between members or between members and the company concerning available rights, is not enforceable against persons who are third parties and strangers to the corporate membership, with the consequence that where the dispute predominantly involves such third parties, the jurisdiction of the ordinary courts is affirmed.

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