Arbitration case law

ordinanza

Court of Rome, order of 19 February 2026

Tribunale of Roma

Legal principle

The arbitration clause contained in the articles of association is not applicable to the liability action brought by the liquidator in judicial liquidation proceedings against the directors pursuant to Article 255 of the Code of Business Crisis (formerly Article 146 of the Bankruptcy Act), as such action is unitary and indivisible in nature, encompassing both the corporate action under Article 2393 of the Civil Code and the creditors' action under Article 2394 of the Civil Code.

Methodological notes

standard

How to cite

Tribunale of Roma, 19 February 2026, «Court of Rome, order of 19 February 2026», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-order-of-19-february-2026-1775852638-8026/

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