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Court of Rome, order 4 November 2025

An arbitration clause contained in a company’s articles of association is void, pursuant to Article 34 of Legislative Decree No. 5/2003 (a provision which was incorporated into Article 838-bis, paragraph 2, of the Code of Civil Procedure following its repeal by Legislative Decree No. 149/2022), where it provides that the appointment of the arbitral tribunal shall be made at the initiative of the shareholders rather than by a person external to the company, with the consequence that jurisdiction vests in the ordinary court in place of the arbitrators.

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