Court of Rome, order of 19 February 2026
Tribunale
di 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 di Roma, 19/02/2026, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-order-of-19-february-2026-1775852638-8026/