Court of Salerno, 23 June 2025, N. 2789
Legal Principle
The arbitration clause inserted in the articles of association alone of a cooperative company is not suitable to establish arbitral jurisdiction for disputes between the cooperative and subjects who have been its shareholders, when such disputes do not derive from intra-corporate relationships but pertain exclusively to transfer in ownership of properties constructed by the cooperative. For extension of the statutory arbitral clause to such contractual relationships there is necessary an express provision of the applicability of the clause to relationships of assignment and transfer of properties, or insertion of an autonomous arbitration clause in the specific contractual acts.
Methodological Notes
standard