Arbitration case law

sentenza

Court of Appeal of Venice, 28 January 2016, n. 161

Corte di Appello of Venezia

Legal principle

If the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free regular the joint of the procedure in the way that they consider more op portuno, even discostating from the prescriptions dictates from the code of ritual, the only limit of the compliance of the ability principle of the contradictory, place by art. 101 cod. proc. civ., the which, however, va app amente adapted to the judgment arbitration, in the sense that must be offer at parts, at the fine of of they allow them an adequate activity defensive, the chances expose i respective assumptions, by examine and analyst le pro ve e le results of the process, even after the fulfillment of the investigation e up to at moment of the closing of the treatment, as well as to submit memories and replicas and know in time useful the instances and requests.

Methodological notes

standard

Decision text and analysis

If+the+parts+not+have+determined,+in the+compromise+or+in the+clause+compromise,+the+rules+procedural+from+adopt,+the+referees+are+free+regular+the joint+of the+procedure+in the+way+that they consider+more+op portuno,+even+discostating+from the+prescriptions+dictates+from the+code+of+ritual,+the only+limit+of the+compliance+of the ability+principle+of the+contradictory,+place+by art.+101+cod.+proc.+civ.,+the+which, however,+va+app amente+adapted+to the+judgment+arbitration,+in the+sense+that must+be+offer+at+parts,+at the fine+of+of+they allow them+an adequate+activity+defensive,+the+chances+expose+i+respective+assumptions,+by+examine+and+analyst+le+pro ve+e+le+results+of the+process,+even+after+the+fulfillment+of the investigation+e+up to+at+moment+of the+closing+of the treatment,+as well as+to submit+memories+and+replicas+and+know+in+time+useful+the+instances+and+requests.

How to cite

Corte di Appello of Venezia, 28 January 2016, No. 161, «Court of Appeal of Venice, 28 January 2016, n. 161», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-appeal-of-venice-28-january-2016-n-161-en-1752155724/

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