Court of Appeal of Catania, 28 September 2022, n. 1841
Legal Principle
The defect of jurisdiction of the judge Italian, in consequence a one clause compromise per arbitration abroad, not it is detectable ex officio, given the essential character volunta character rio of the arbitrator in force of which the parts, albeit in presence a one clause compromise, can always agreed opt per a decision from part of the judge ordinary, even t Acily, by the introduction of the judgment in via ordinary to which face feedback the failure proposition of the exception of compromise, nor, in case of default of the agreed , is applicable Art. 11 l. 31 May 1995 n. 218, which does not contemplate expressly the hypothesis in to which at the base of the defect of jurisdiction VI is a convention of arbitration abroad.
Methodological Notes
standard