Supreme Court, order of 16 March 2026, N. 5950

The interpretation of the arbitration clause contained in the articles of association of a cooperative society, providing for recourse to arbitral proceedings for the challenge of a resolution excluding a member, is a question of contractual interpretation reserved to the court of fact and not reviewable on appeal on a point of law, save for verification of compliance with the canons of interpretation set out in artt. 1362 et seq. cod. civ.; the provision of the articles of association conferring upon a member the right to commence arbitral proceedings may legitimately be construed as establishing exclusive arbitral jurisdiction rather than jurisdiction alternative to that of the ordinary courts.