The preliminary expert assessment for the purpose of the settlement of the dispute pursuant to Article 696-bis of the Code of Civil Procedure does not have an interim nature, lacking both the requirement of urgency and the assessment of fumus boni iuris, so that in the presence of an arbitration clause recourse to such procedural instrument is precluded, Article 669-quinquies of the Code of Civil Procedure not being applicable, which allows the bringing of interim applications notwithstanding the submission of the dispute to arbitrators.
The arbitration clause contained in the articles of association of a company, which submits to arbitrators disputes relating to the company relationship, extends to disputes concerning the withdrawal of a member and the consequent liquidation of the share, the arbitration agreement remaining in force even after the loss of the status of member for all disputes arising from the company contract, including those relating to the phase of valuation of the shareholding, which is exhausted only upon payment of the sum due.
Article 838-bis paragraph 3 of the Code of Civil Procedure confirms the principle whereby the arbitration clause in the articles of association binds the company and all members, including those whose status as member is subject to dispute, with the consequent persistence of the effectiveness of the clause also in relation to the former withdrawn member for disputes relating to the company relationship.