sentenza
No. 1413
Year: 2023

Court of Appeal of Catania, 21 July 2023, n. 1413

⚖️ Corte di Appello di Catania
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Legal Principle

In the judgment arbitration, if the parts not have determined in the compromise or in the clause compromise the rules procedural from adopt, the referees are free regular the articulation of the procedure in the way that they consider more appropriate and, therefore, even of deviation from the prescriptions dictates from the code of ritual as long as it respects the principle mandatory of the contradictory place by art. 101 cod. proc. civ., the ta t Uttavia, appropriately adapted to the procedure front to referees, it goes understood in the sense that must be to be offer at parts, at the fine of allow them an adequate activity defensive for all the course of the procedure m Edda itself, the possibilities of examine ED analyze Le tests and le results of the process even after the fulfillment of the investigation e up to at the moment of the closing of the discussion; with the consequence che referees can ONO regular the assumption of the tests in the way considered more appropriate, Salvo the obligation, after the fulfillment of the investigation e first of emit the pronunciation, of to know at parts i results of the investigation itexesi But e of assign at themselves a term per the presentation of the respective observations and defenses, included the deposit a a ratio, entrusted a technicians trust, that contains observations e reliefs at findings of the consultancy technique ex officio; n nE follow that, where the consultant technician of office acquire of the documentation depositing it together to the elaborate at term of the checks without having it exhibited at consulting E Technician a part, the latter, if it has omitted of ask to referees of grant a term for observations and reliefs to advice, not can complain no violation of the principle of the contradictory.

Methodological Notes

standard

How to cite

Corte di Appello di Catania, 21/07/2023, n. 1413, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-catania-21-july-2023-n-1413-en-1752165032/