Arbitration case law

sentenza

Court of Santa Maria Capua Vetere, judgment of 3 July 2026, No. 2659

Tribunale of Santa maria capua vetere

Legal principle

An arbitration clause is an autonomous contract with procedural effects, whose validity must be assessed independently of the contract or articles of association to which it relates.
The referral to arbitrators of non-contractual disputes connected with a contractual relationship, such as a shareholder's liability action against a director, must be expressly provided for, and failing such provision the rule of interpretation in art. 808-quater cod. proc. civ. does not apply.

Methodological notes

standard

Decision text and analysis

An arbitration clause is an autonomous contract with procedural effects, whose validity must be assessed independently of the contract or articles of association to which it relates.
The referral to arbitrators of non-contractual disputes connected with a contractual relationship, such as a shareholder’s liability action against a director, must be expressly provided for, and failing such provision the rule of interpretation in art. 808-quater cod. proc. civ. does not apply.

How to cite

Tribunale of Santa maria capua vetere, 3 July 2026, No. 2659, «Court of Santa Maria Capua Vetere, judgment of 3 July 2026, No. 2659», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-santa-maria-capua-vetere-judgment-of-3-july-2026-no-2659/

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