Arbitraje estatutario y controversia no societaria. Comentario al Auto de la AP de Alicante (sección 5ª) de 24 de enero de 2018

  1. JESÚS CAMPO CANDELAS
Journal:
Revista Aranzadi Doctrinal

ISSN: 1889-4380

Year of publication: 2018

Issue: 10

Type: Article

More publications in: Revista Aranzadi Doctrinal

Abstract

The aim of this paper is to analyze if the submission agreement contained in an article of association of a corporation applied in any kind of disputes between shareholders and the Company in spite of the fact that the controversy lacks corporate substance. For this, will be examined the Reasoned Ruling issued on January 24, 2018 by the 5th section of the Provincial Court of Alicante, which confirms the lack of jurisdiction lodged by the Company in a case where the terms of the arbitration agreement were vague and imprecise.