Court of Torino, ord of 22 June 2026 (R.G. 00000706/2026)

An arbitration clause contained in a company's articles of association is valid, pursuant to art. 34 of Legislative Decree no. 5/2003, provided that the appointment of the arbitrator is entrusted to a third party external to the company, such as the President of the territorially competent court.
An objection raising the existence of an arbitration clause has a procedural character and constitutes a non-mandatory question of jurisdiction susceptible to being raised by the court of its own motion, since it is based solely on the will of the parties, who are free to choose whether to submit the dispute to arbitration.
A dispute concerning the challenge of a company resolution may be submitted to arbitration, since it does not concern non-waivable rights, provided that the arbitration clause in the articles of association is validly constituted pursuant to art. 34 of Legislative Decree no. 5/2003.
The decision by which the ordinary court declares its lack of jurisdiction by virtue of an arbitration clause must take the form of an order (ordinanza), pursuant to arts. 279 and 819 ter cod. proc. civ., as it relates exclusively to the question of jurisdiction.