The scope of arbitrability coincides with that of the disposability of rights, so that disputes concerning disposable rights may be referred to arbitrators, even where the applicable substantive rules are mandatory; the mere mandatory character of the rule does not, of itself, entail the non-disposability of the right governed thereby.
In the field of company law, resolutions of the general meeting of a limited liability company (s.r.l.) adopted in total absence of notice to the members, within the meaning of art. 2479-ter, third paragraph, cod. civ., are treated as equivalent to resolutions having an unlawful or impossible object and, as such, pertain to non-disposable rights which are not arbitrable; it follows that the arbitration clause contained in the company’s articles of association is not apt to refer to arbitrators the challenge of such resolutions, cognisance thereof remaining reserved to the ordinary court.