sentenza
No. 872
Year: 2021

Court of Appeal of Genoa, 26 July 2021, n. 872

⚖️ Corte di Appello di Genova
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Legal Principle

Not is contrary to the order public the praise pronounced by a court arbitral compound in violation of rule ethical (in the case species, the referee appointed by a part was colleague study of the defender of the part part).
In the procedure arbitration, the existence of situations of incompatibility, suitable a compromise the impartiality of the components of the college, must be made worth by means of instance of recusal from proposed, at rule of art. 815 cod. Proc. civ., within the term peremptory of ten days from the notification of the nomination or from the surviving knowledge of the cause of recusal, remaining, instead, irrelevant, to the finical validity of the praise, the situations incompatibility of which the part is coming a knowledge after the decision, which, where not si translated in a inability absolute to the exercise of the function arbitral and, in gender, of the function judicial function, not they can be made made through the challenge One per nullity, expected the now acquired efficacy binding of the praise and the letter of art. 829, co. 1, n. 2, cod. proc. civ., that circumscribers the inability ad being referee at the hypothesis strictly provided by art. 812 cod. prosec.

Methodological Notes

standard

How to cite

Corte di Appello di Genova, 26/07/2021, n. 872, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-genoa-26-july-2021-n-872-en-1752159845/