sentenza
No. 282
Year: 2021

Court of Appeal of Cagliari, 21 June 2021, n. 282

⚖️ Corte di Appello di Cagliari
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Legal Principle

The guarantee of the contradictory - the to which violation involves the nullity of the praise, to senses of art. 829, co. 1, n. 9, cod. Proc. Civ. - not It concerns only the initial moment of the procedure which takes it does front to referees. that guarantee, , in fact, attributes to parts l A Possibility of Dialogue, which is translates in right of internoquire on the object of the judgment through the mechanism of the respective deductions and counter -deductions and, therefore, on tests, by the proposition of the tests own and the refutation those opponents. specifically. Entity per how much you concern at tests, the actual implementation of the principle of the contradictory demands that it is possible possible per part part the concrete exercise of the right to the test, intended as right of demonstrate in the procedure arbitral the reality facts a self favorable. with suitable vehicles representative of they e, as at the moment of the assumption of the tests, that the assessment of the facts it emerges from the contradictory between the parts and that the conviction of the referees si forms on the base of the results of the activity evidence from each of them.

Methodological Notes

standard

How to cite

Corte di Appello di Cagliari, 21/06/2021, n. 282, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-cagliari-21-june-2021-n-282-en-1752159740/