Legal Principle

A statutory arbitration clause, while binding in respect of actions for liability brought by the members or the company in the ordinary course of business, cannot be relied on against the trustee in bankruptcy who acts in the interest of the body of creditors, as the trustee is a third party in relation to the corporate contract and the arbitration agreement contained therein.

Methodological Notes

standard

How to cite

Tribunale di Napoli, 26/03/2026, n. 5009, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-naples-26-march-2026-no-5009-1789650234-4448/

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