Court of Appeal of Milan, 3 April 2025, n. 956

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 standard 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 to which the part is coming a knowledge after the decision, which, where not si translated in a absolute inability to the exercise of the function arbitration and, in gender, of the function judicial function, not can be made worth 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.