sentenza
No. 1054
Year: 2020

Court of Appeal of Palermo, 7 July 2020, n. 1054

⚖️ Corte di Appello di Palermo
📅

Legal Principle

The challenge per nullity of the praise arbitral must be notified at part personally, not at the person that has it defense in the procedure referee, albeit cumulating in said the seat the clothes of domicilious, while it remains At regard irrelevant that said defender is a legal enabled to the exercise of the profession, or it is also with prosecutor, always with election of home, for the declaration executiveness of the praise (art. 825 cod. proc.) ) o per the intimation of the precept ECB the promotion of the execution forced, being able the election of home concern the notification of the appeal per nullity of the praise only if contained in compromise or in the clause compromiss Oria, in ratio to traceability of said appeal to ratio or affair per the which is si is agreed the appeal ad referees, not even when it is accessory to the assignment defensive per the procedure referee or for subsequent The moments of executive and execution of the praise, expected which, in these last hypothesis, the one notification is deed foreign and external to tasks of the mandate - domicilious, the the diversification and the separation of the procedure nto of formation and implementation of the praise and of the judgment addressed a denounce the nullity. however, the irreplacement of the notification of the appeal at that defender, instead of at part personally, not implies, Ines Building, ma nullity of the notification same, e, therefore, a vice amendable with ex ex tunc effect (and exclusion of the occurrence of forfeiture per the eventual to arrive of the deadline term term of appeal) with the constitution of the agreed, or, in defect of such constitution, with the renewal of the notification same, to which the part instant provision spontaneously or in execution of order imparted by the judge to senses of art. 291 cod. proc. civ.

Methodological Notes

standard

How to cite

Corte di Appello di Palermo, 07/07/2020, n. 1054, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-palermo-7-july-2020-n-1054-en-1752158318/