An Italian Court clarified that opposition to a share capital increase is an arbitrable issue in a shareholders’ agreement. The arbitration clause is enforceable because the controversy concerns alienable rights (diritti disponibili). Had the dispute concern mandatory rules — for example rules for the drafting of finantial statements — or inalienable rights (diritti indisponibili), the controvery would not be arbitrable.
Tribunale di Milano, 28 maggio 2015, is available (in Italian) here.
For more information, Francesca Giannoni-Crystal