La clausola compromissoria

This contribution highlights how abritration clauses providing for corporate disputes to be submitted to arbitration proceedings are complex agreements, whereby respect for party autonomy needs to be coordinated with the need to safeguard minority shareholders, the creditors and other relevant public interests. In order to achieve the goals tipically associated with arbitration proceedings, however, it is essential for the agreement to be propertly drafted, as invalid or pathological clauses would inevitably frustrate parties’ efforts to have a fast and reliable dispute resolution mechanism, creating uncertainty and eventually duplicating proceedings. Among the different aspects that may be disciplined by the arbitration agreement, such as the seat of arbitration, the applicable rules and alia, particular attention needs to be paid to the designation of the arbitration panel. In fact, the failure to delegate the appointment of the arbitral tribunal to a third party inevitably makes the arbitration agreement null and void.