Court of Appeal of Reggio Calabria, 28 November 2019, n. 985
Legal Principle
A situation of incompatibility suitable a compromise the impartiality of one of the components of the college arbitration can e must be to be made worth by the interested party by special formal application, from to propose at norm of art. 815, co. 3, c. Pr. OC. civ. per president of the court within the term peremptory of ten days days notification of the nomination or from the surviving knowledge of the cause recusal, being irrelevant, to fine validity of the praise, the situations Patibility of to which the part is coming a knowledge after the decision, which, where not si translato into a absolute inability to the exercise of the function arbitration and, in gender, of the function judicial function, not can be made through the imp Ugnation per nullity, expected the now acquired efficacy binding of the praise and the letter of art. 829, co. 1, n. 2, cod. proc. civ., che limited the inability ad being referee to the hypothesis strictly provided by art. 812 of the Italian Civil Code proc. civ.
Methodological Notes
standard