Court of Appeal of Milan, 1 June 2021, n. 1732

With the clause bossial inserted in a contract (or in one statute social), which provides the appeal to the arbitration irrital per the resolution of the disputes deriving from the aforementioned contract, parts attribute ad a third (the referee unique or the college arbitration) the power of complete, a determined conditions explicit in the contract (or in the statute social), the regulation stores Ale between the same intercurrent; therefore the praise pronounced from the third si inserts in the object of the contract concluded between the parts. the praise referee therefore can, in front of it everything, result invalid pe r the same reasons per to which it can be invalid the contract; in addition the praise arbitral irrital can be canceled per i reasons explicitly listed in art. 808-ter, co. 2, cod. proc. civ.