Court of Salerno, 1 October 2025, No. 3883

The articles of incorporation or the bylaws of an association cannot prohibit recourse to judicial authority against an exclusion decision, as any preventive waiver by the member in this regard must be considered null and void. At most, an arbitration clause that refers to arbitrators the dispute concerning the formal and substantive validity of the exclusion decision against the member may be deemed valid and admissible, provided that the arbitral decision is not entrusted to bodies of the same association, as this would otherwise lack the characteristics of independence and impartiality that must characterise the activity of arbitrators.