The occurrence of a ground for the winding up of a limited liability company, such as the expiry of its term of duration, does not bring about the extinction of the company nor the loss of standing of its organs, so that the managing partner retains standing to commence arbitral proceedings in the name of the company until the registration in the companies register of the instrument recording the ground for winding up, pursuant to art. 2484 co. 3 cod. civ.; in relation to third parties, the effects of the ground for winding up take effect only from the date of publication in the companies register.
In proceedings for the challenge of the arbitral award on the ground of nullity, the review of legality must be conducted exclusively by ascertaining the conformity with law and the adequacy of the reasoning of the judgment that decided the challenge of the award; the assessment of the facts pleaded and the evidence obtained in the course of the arbitral proceedings cannot be contested by means of the challenge on the ground of nullity, such assessment being a matter within the institutional competence of the arbitrators.
The extension of the time limit for the rendering of the arbitral award, granted by all the parties at the request of the arbitrators, entails a waiver of the right to rely on the lapse of the arbitrators’ mandate pursuant to art. 829 co. 1 n. 6 cod. proc. civ., it being immaterial that one of the parties had previously raised the plea of lapse.