The renunciation of an arbitration agreement, formalised by the parties during the pendency of proceedings for the appointment of arbitrators, results in the cessation of arbitral jurisdiction and entitles the party to bring ordinary judicial proceedings, without the prior recourse to arbitration precluding access to state judicial protection.
The commencement of mandatory mediation proceedings, required by a provision in the articles of association as a condition of procedural admissibility of the action, has the effect of interrupting the time limit for challenging resolutions of the company, with the consequence that a new time limit runs from the closure of the mediation proceedings with a negative outcome.