Court of Siena, order of 4 August 2026 (R.G. 00002130/2025)

The existence of an arbitration clause does not prevent a party from applying for and obtaining from the ordinary court an order for payment (decreto ingiuntivo) in respect of the debt arising out of the contract, subject to the right of the party against whom the order is made to raise the objection of arbitral jurisdiction in the opposition proceedings, with the consequence that the court hearing the opposition must set aside the order for payment and refer the parties to the sole arbitrator or to the arbitral tribunal.
A clause in the articles of association referring to arbitrators all disputes arising between the shareholders and the company in relation to the existence, validity, construction, breach or termination of the articles, or otherwise connected with the carrying on of the company's business, covers a dispute concerning the shareholder's right to payment of the consideration for contributions, as being connected with the carrying on of the company's business.
The court rules on the objection to jurisdiction founded on an arbitration agreement by order pursuant to art. 44 cod. proc. civ., fixing the time limit within which the parties are to re-commence the proceedings before the arbitrators.