ordinanza
No. 20209
Year: 2023

Supreme Court, 14 July 2023, n. 20209

⚖️ Cassazione - I Civ.
📅

Legal Principle

In theme of appeal of the Lodo per violation of the rules of right on merit of the dispute, art. 829, co. 3, cod. Proc. C IV., like reformulated by art. 24 of Legislative Decree n. 40 of 2006, si applies, to senses of the provision transitory of which in art. 27 d Ello himself decree, a all I judgments referee promoted after the entrance in vigor of the Novella (2 March 2006). However, per stable re if is admissible such appeal, the law, a to which art. 829, co. 3, cod. proc. civ. refers, must be identified in that that current at the moment of the stipulation of the convention of arbitration, so, in case procedure arbitration activated after the entrance in vigor of the new discipline - ma in force of convention stipulated frontly - silence of the parts is the AR the AR t. 829, co. 2, Cod. proc. civ. in the text previous, that admits the appeal of the praise per violation of the rules inherent per merit , Salvo che the parts themselves had authorized the referees a judge second equity or had declared the praise not contestable.

Methodological Notes

standard

How to cite

Cassazione, 14/07/2023, n. 20209, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/supreme-court-14-july-2023-n-20209-en-1752204226/