Court of Venice, 21 February 2026, No. 2880
Legal Principle
Disputes concerning the challenge of shareholders' meeting resolutions and liability actions against directors may be referred to arbitration by means of an arbitration clause contained in the articles of association, pursuant to Article 838-bis of the Code of Civil Procedure, as they involve disposable rights relating to the corporate relationship. The scope of non-disposability in corporate matters is limited to interests protected by mandatory rules, the breach of which triggers a response by the legal order independent of any initiative by the parties, to the exclusion of disputes concerning the interests of the company or relating to the breach of rules established for the protection of the collective interest of shareholders or third parties.
Methodological Notes
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