Legal principle
An arbitration clause contained in the articles of association, which refers to arbitration disputes between shareholders or between shareholders and the company concerning available rights relating to the corporate relationship, is binding also upon a shareholder who has ceased to be part of the company following withdrawal, given that supervening events in the corporate relationship do not alter the "corporate" nature of the right asserted nor the rules applicable to the referral of the dispute to arbitration.
Methodological notes
standard
Decision text and analysis
An arbitration clause contained in the articles of association, which refers to arbitration disputes between shareholders or between shareholders and the company concerning available rights relating to the corporate relationship, is binding also upon a shareholder who has ceased to be part of the company following withdrawal, given that supervening events in the corporate relationship do not alter the “corporate” nature of the right asserted nor the rules applicable to the referral of the dispute to arbitration.
How to cite
Tribunale of Palermo, 26 November 2025, «Court of Palermo, order of 26 November 2025», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-palermo-order-of-26-november-2025-1769463157-3179/