Court of Santa Maria Capua Vetere, decree of 5 February 2026

An arbitration clause contained in the articles of association of a company which attributes to arbitral jurisdiction the resolution of disputes connected with the company agreement extends to a dispute concerning the withdrawal or expulsion of a member from the company.
The existence of an arbitration clause referring to an arbitrator disputes between members relating to available rights arising from the corporate relationship entails the removal of the dispute from the cognisance of the ordinary court, the same being required to be referred to the arbitrator designated in accordance with the procedures laid down in the articles of association.