Court of Appeal of Catania, 17 January 2019, n. 105
Legal Principle
Art. 816-Seepties Cod. Proc. Civ. Provides the faculty per the referees of subordinate the continuation of the procedure per payment advance of the expenses predictable but treated of one simple faculty which, if not exercised, involves exclusively that the determination of the expenses and of the honorary of the arbitration it will be liquidated by the court competent.
The sanction of nullity foreseen in the case in which the praise contains provisions contradictory to senses of art. 829, co. 1, n. 11 cod. Proc. Civ. Non corresponds a that of art. 360, co. 1, n. 5, cod. Proc. Civ., Ma it is intended in the sense that dictate contradictory must emerge between the different components of the device, or between the motivation and the device, the the with Tradictories internal between the different parts of the motivation, not expressly foreseen between i vices which involve the nullity of the praise, can assume relevance, which vice vice, only in what determines the impossibility absolute of reconstruct the logical and legal process underlying to the decision per total absence one motivation attributable to its functional model.
Methodological Notes
standard