Legal Principle

An arbitration clause contained in the articles of association which entrusts the appointment of arbitrators to the shareholders' meeting is void for breach of Article 34 of Legislative Decree No. 5/2003 and Article 838-bis of the Code of Civil Procedure, inasmuch as those provisions require that the power to appoint arbitrators be removed from the disposal of the parties and entrusted to a person outside the company.

Methodological Notes

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How to cite

Tribunale di Palermo, 20/11/2025, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-palermo-order-of-20-november-2025-1769356832-2625/

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