The arbitration clause contained in the articles of association of a limited liability company, pursuant to art. 34 of Legislative Decree No. 5/2003 (now art. 838-ter cod. proc. civ.), may provide for the referral to arbitrators of all disputes arising between the members or between the members and the company concerning available rights relating to the corporate relationship.
Even where disputes concerning the challenge of shareholders’ resolutions are referred to arbitrators, the power to grant interim relief lies with the court having jurisdiction under art. 669-quinquies cod. proc. civ. until the acceptance of the sole arbitrator or the constitution of the arbitral tribunal, by virtue of art. 818 cod. proc. civ., as referred to by art. 838-ter(4) cod. proc. civ.