Court of Naples North, judgment of 1 September 2026, No. 2869

A clause in the company's articles referring disputes relating to membership status to an arbitral tribunal does not deprive the ordinary court of jurisdiction where the resolution excluding the member, having been neither contested nor challenged in the manner and within the time limits laid down by the articles, has become final, since in that case the loss of membership may be ascertained incidenter tantum and no question referred to the arbitrators remains in respect of the claims brought by the former member.