Court of Turin, 28 January 2021, n. 412
Tribunale
di Torino
Legal Principle
In presence of clause compromise statutory which attributes to referees the competence to know of the controversies relative to the validity of the resolutions assemblies, falls in cognition arbitral a controversy ad ad object the cancellation for abuse majority resolution.
In case of adhesion of part actress to the exception of compromise raised from the defendant, not find application art. 38, co. 2, cod. Proc. Civ., But art. 819 -TER Cod. proc. civ. consequently, the judge state lines admitted will decline the own competence with sentence and must also it to the liquidation of the expenses.
Methodological Notes
standard
How to cite
Tribunale di Torino, 28/01/2021, n. 412, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-turin-28-january-2021-n-412-en-1752172016/