sentenza
No. 1193
Year: 2025

Court of Parma, 20 November 2025, n. 1193

⚖️ Tribunale di Parma
📅

Legal Principle

An arbitral award rendered against a general partnership constitutes an enforceable title also against the partners with unlimited liability, even though they remained outside the arbitration proceedings due to the acceptance of the objection of lack of jurisdiction arising from the unenforceability against them of the arbitration clause contained in the articles of association. The joint and subsidiary liability of the partner for partnership debts, deriving from his status as partner pursuant to Article 2267 of the Civil Code, operates at substantive law level independently of participation in the arbitration proceedings, so that from the existence of the partnership obligation ascertained in the award there necessarily derives the liability of the partner, thereby legitimising enforcement proceedings against him by virtue of the same enforceable title formed against the partnership.

Methodological Notes

standard

How to cite

Tribunale di Parma, 20/11/2025, n. 1193, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-parma-20-november-2025-n-1193-1769356832-1870/