Court of Appeal of Milan, 26 May 2021, n. 1687
Legal Principle
Also admitted that a decision arbitration, possibly contrary to provisions of to which art. 1366 (in order to interpretation of the contract), 1337 (in order per behavior keep in the course negotiations) and 1375 cod. Civ. (In nor to the execution of the contract), which they provide all as parameter of evaluation the good faith, can consider it to be contrary to the order public (therefore no to senses of art. 829, co. 3, cod. proc. civ.), the judge, in the proceeding . One, it can only check if the motivation contained in the praise (which has explicitly stated of proceed to interpretation of the contract and to evaluation of the behavior of the parts in the phase of the negotiations and in the phase of execution of the Contract second the principle of good faith) is logic and rational in ratio facts that the college referee considers ascertained, without possibilities of replace the proper evaluation of the a a that carried out by the aforementioned college arbitration.
Methodological Notes
standard