ITALY Law and Practice Contributed by: Luciano Castelli, Gian Paolo Coppola, Claudia Bosco and Matteo Creuso, LCA Studio Legale
Arbitration agreements can extend to third parties if provided for by law, either expressly or pursuant to interpretation by the courts. For example, Article 838-bis of the CCP provides that the arbitration clause included in the company’s by- laws is binding for the company, the shareholders, and corporate bodies. It can be argued that shareholders implicitly accepted the arbitration clause included in the articles of association. However, this argument is weaker for members of the corporate bodies, who merely accept their appointment.
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