The exception of incompetence of the referee of which in art 817, co. 2 cod. Proc. Civ., Salvo the case of controversy not arbitables, coeren Temeal with the new meaning paragurisdictional of the arbitration ritual, it is to be considered which exception of rite in narrow sense, so ggetta per limit temporal indicated by art. 817, co. 3, of the Italian code proc. civ., only per the part which has participated at the relative judgment arbit trale e not per the which, remained absent, in venue of appeal of the praise contexts in root that the dispute it is dolonable to referees.