Arbitrability of Disputes over Resolutions of Shareholder Meetings

Article 806 of the Italian Civil Procedure Code states that parties may generally refer disputes to arbitration, provided that the subject matter of the dispute is capable of resolution by private agreement.

The wide terms of Article 806 have been debated by academics and the judiciary alike with reference to disputes concerning resolutions of shareholder meetings. The resultant case law provides that disputes concerning resolutions which involve the company's interests, the collective interests of the shareholders or those of third parties cannot be resolved by means of arbitration and must be settled by the courts. However, disputes over resolutions that affect an individual shareholder's rights can be referred to arbitration.