Arbitration case law

sentenza

Court of Appeal of Milan, 29 January 2021, n. 286

Corte di Appello of Milano

Legal principle

In hypothesis of arbitration multipart in miss the agreement on the appointment of the referees, the procedure started a part part si trains in as many procedures how many are the parts, salvo that they exist a 'hypotheses of litisconsorzio necessary, in presence of the which the arbitration is unprocessable. and vi is litisconsorzio necessary only the the substantial situation multi -subjective deduced in judgment Deb Ba being necessarily decisive in unitary way towards comparisons all i subjects what nor are they partners, like in the case of action that curtain at constitution or at change a ratio pluriso ratio GGETIVE SINGLE; not appeals instead a hypothesis of litisconsorzio necessary when the cause has ad object an obligation solidarity, since the creditor has title of demand from each debtor the whole.

Methodological notes

standard

Decision text and analysis

In+hypothesis+of+arbitration+multipart+in++miss the agreement+on the+appointment+of the+referees,+the+procedure+started+a+part+part+si+trains+in+as many+procedures+how many are+the+parts,+salvo+that they exist+a ‘hypotheses+of+litisconsorzio+necessary,+in+presence+of the+which the arbitration+is+unprocessable.+and+vi+is+litisconsorzio+necessary+only+the+the+substantial situation+multi -subjective+deduced+in+judgment+Deb Ba+being+necessarily+decisive+in+unitary way+towards+comparisons+all+i+subjects+what+nor are they+partners,+like+in the+case+of+action+that+curtain+at+constitution+or+at+change+a+ratio+pluriso ratio GGETIVE+SINGLE;+not+appeals+instead a hypothesis+of+litisconsorzio+necessary+when+the+cause+has+ad+object+an obligation+solidarity,+since+the+creditor+has+title+of+demand+from+each+debtor+the whole.

How to cite

Corte di Appello of Milano, 29 January 2021, No. 286, «Court of Appeal of Milan, 29 January 2021, n. 286», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-milan-29-january-2021-n-286-en-1752158993/

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