Site icon Arbitration in Italy

Court of Ravenna, 20 February 2026, No. 124

An arbitration clause contained in the deed of incorporation of a partnership is affected by nullity pursuant to Article 838-bis, paragraph 2, of the Code of Civil Procedure, where it does not provide for the appointment of the arbitrators by a person extraneous to the company, entailing the ineffectiveness of the clause and the impossibility of commencing arbitral proceedings, with consequent referral of the dispute to the ordinary courts.

Exit mobile version