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Court of Trieste, order of 20 March 2026

A statutory arbitration clause devolving to arbitrators disputes relating to corporate rights, including claims against former directors, applies also where the company’s action is based on an acknowledgment of debt, since an acknowledgment of debt does not constitute an autonomous source of obligations but merely produces a procedural abstraction of the causa debendi.
An error in citing the article number of the statutory arbitration clause in the statement of opposition does not invalidate the arbitration objection where its content is unequivocal.
A jurisdiction clause contained in a separate agreement cannot override a statutory arbitration clause where the company is not a party to that agreement.
The conduct of a party in commencing arbitral proceedings in respect of the same dispute pending before the ordinary court confirms the applicability of the statutory arbitration clause.

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