Court of Rome, order of 24 May 2026 (R.G. 00027871/2025)

The arbitration clause contained in the company's articles of association is not applicable to the liability action brought by the judicial liquidation administrator against the directors under art. 146 of the Bankruptcy Law (now art. 255 of the Crisis and Insolvency Code), given the unitary and indivisible character of the action, in which the corporate action under art. 2393 of the Civil Code and the creditors' action under art. 2394 of the Civil Code converge.