Arbitration case law

sentenza

Court of Syracuse, judgment of 18 June 2026, No. 1296

Tribunale of Siracusa

Legal principle

The arbitration clause contained in the articles of association of a building cooperative whose corporate purpose is the construction of dwellings for allocation to its members applies only to intra-corporate disputes and does not extend to the dispute relating to the preliminary contract of allocation of the property, since the member holds two distinct relationships, one of an associative nature and the other arising from the bilateral contract of exchange, the cause of which is entirely equivalent to that of a sale.

Methodological notes

standard

Decision text and analysis

The arbitration clause contained in the articles of association of a building cooperative whose corporate purpose is the construction of dwellings for allocation to its members applies only to intra-corporate disputes and does not extend to the dispute relating to the preliminary contract of allocation of the property, since the member holds two distinct relationships, one of an associative nature and the other arising from the bilateral contract of exchange, the cause of which is entirely equivalent to that of a sale.

How to cite

Tribunale of Siracusa, 18 June 2026, No. 1296, «Court of Syracuse, judgment of 18 June 2026, No. 1296», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-syracuse-judgment-of-18-june-2026-no-1296/

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