A Norma of art. 829 of the Italian Civil Code civ., The defect of potestas iudicandi of the college referee can be to be detected even ex officio, independently from p p p Referring deduction in the area of the procedure arbitration, only if derivi from the nullity of the compromise or of the clause compromise, while, in tut ti the other cases - and, , that is, in the hypothesis of appointments occurred with different modes from those expected parts or, in defect, from the code of rite civil - the IR Adjust composition of the college decident can constitute reason of appeal only when it is it was already reported in the course of the judgment referee.
In the procedure arbitration, the existence of situations of incompatibility, suitable a compromise the impartiality of the components of the college, it must be made worth by instance of recusal from proposed, at rule 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 instead, irrelevant, to the fine validity of the praise, the situations incompatibility of 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 e the letter of art. 829, co. 1, n. 2, cod. proc. civ., that circumscribers the inability ad being referee hypothesis strictly provided by art. 812 cod. prosec.