Superato il "doppio binario" l'arbitrato societario rimane vincolato al vago confine della disponibilità dei diritti

The article analyses the difficulties for company arbitration, in Italian legal system, to became the main alternative to the State jurisdiction, because of the several obstacles caused by the rules of the Legislative Decree n. 5/2003, in comparison with the arbitration regulated by the Italian Procedure Code. Particularly are examined the doctrinal debate and the interpretations of the italian Courts about the main topics concerning company abitration, such as the effectiveness of arbitration clauses and the possibilities to subject company’s controversy to arbitration, with the purpose to identify the best solutions to let company arbitration free from obstacles.