Court of Appeal of Milan, 1 April 2021, n. 1066

To establish if is admissible the appeal per violation of the rules of right on merit of the dispute, the law - art. 829, co. 3, cod. Proc. civ. refer - must identified in the in force at the moment of the stipulation of the convention of arbitration, so, in case of convention stipulated beforeriorment e at the entrance in vigor of the new discipline, in the silence of the parts, it must be understood admissible the appeal of the praise, thus by arranging art. 829, co. 2, c Od. proc. civ., in the text previgent, Salvo che le parts had authorized the referees a judging second equity or had declared the praise not contestable.