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Court of Naples, order of 15 December 2025

In arbitration proceedings where a company is a respondent or necessary co-party and there exists a conflict of interest between the company and its representative bodies, the competent court may appoint a special representative pursuant to Articles 78 et seq. of the Code of Civil Procedure, so that such representative may represent and assist the company in arbitration proceedings concerning the challenge of shareholders’ resolutions, derivative actions pursuant to Article 2476 of the Civil Code, and actions for direct damage to shareholding pursuant to Article 2497 of the Civil Code.

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