Court of Nocera Inferiore, judgment of 1 September 2026, No. 1891

A dispute concerning the performance of the obligation to make a contribution assumed by a member upon subscribing an increase of capital concerns disposable rights inherent in the company relationship and therefore falls within the scope of the arbitration clause in the articles referring to an arbitral tribunal disputes between the members and the company concerning disposable rights relating to the company relationship, with the consequence that the ordinary court lacks jurisdiction.
An arbitration clause contained in the articles remains effective also in the event of the company's bankruptcy, since the trustee in bankruptcy who asserts the right to payment of the contributions already vested in the solvent company succeeds to the same substantive position and remains bound by the clause in the articles.