Court of Naples, judgment of 23 July 2026, No. 11793

An arbitration clause inserted in a company's instrument of incorporation, providing for the possibility of referring to arbitrators disputes between the members, those between the company and the members, as well as those brought by the directors and the statutory auditors arising out of corporate affairs or out of the interpretation or performance of the articles of association, does not include the liability action brought against a director, it being immaterial that the latter is also a member of the company.