CLAUSOLA ARBITRALE IN STATUTO DI SOCIETÀ E NATURA EXTRACONTRATTUALE DELL’AZIONE EX ART. 2394 E 2394-BIS C.C.

the Italian Supreme court holds that the bankruptcy trustee is not a party of the arbitration clause contained in the bylaws of a company. therefore Despite the arbitration clause refers to arbitration also the claims for the liability of directors, the supreme court emphasizes the fact that the action on behalf of the creditors as a whole is based on torts. The essay analyzes the conclusion and provides for a different argument. Despite the action on behalf of the creditors is a derivative action, the trustee and the creditors as a whole are not bound by the arbitration clause, as a self-standing contract.