sentenza
No. 376
Year: 2021

Court of Ancona, 18 March 2021, n. 376

⚖️ Tribunale di Ancona
📅

Legal Principle

In presence of clause compromise statutory, are donated to referees even the disputes relative to the appeal of the resolution of exclusion a a Member e the competence referee not is excluding from the different clause statutory which provides the term within which the resolution can be made object op op position front the court competent per territory. at light of the ordinary criteria of interpretation of the contracts of to which a articles 1362-1371 cod. civ ., , in fact, such last clause must be understanding which vault a disciplinary the procedure appeal of the resolution of exclusion, stable the moment in the itself it produces effect and the term within the which can can be challenged, while the reference to the court competent not can be bed in termin The Technicians like indicating the office of the court in contrast with the general forecast of devolution of the disputes to referees of which at clause The bookmation statutory. such conclusion is then confirmed by art. 808-quater cod. proc. civ., to senses which in the doubt the convention of arbitration SI interprets in the sense that the competence arbitration si extends to all the disputes which derive from the contract or from the ratio the convention si refers.

Methodological Notes

standard

How to cite

Tribunale di Ancona, 18/03/2021, n. 376, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-ancona-18-march-2021-n-376-en-1752173108/