Court of Venezia, judgment of 25 June 2026, No. 14956

A clause compromissoria contained in the articles of association of a partnership that confers on two of the three arbitrators the right of nomination by the parties themselves is null and void for breach of art. 34, co. 2, d.lgs. 5/2003 — now incorporated in art. 838-bis, co. 2, cod. proc. civ. — whrovides under pain of nullity that clause compromissorie in company articles must confer 'in every case' the power to appoint all arbitrators on a person external to the company.
The rule laid down by art. 34, co. 2, d.lgs. 5/2003 (now art. 838-bis, co. 2, cod. proc. civ.) applies to clause compromissorie contained in articles of association pre-dating the entry into force of d.lgs. 5/2003 and irrespective of whether the statutory arbitration is arbitration or contractual arbitration (arbitrato irrituale).
The nullity of a statutory clause compromissoria, which may be raised by the court of its own motion subject to adversarial argument, results in the dispute being devolved to the jurisdiction of the ordinary court and the consequent validity of the order for payment issued by that court.