In the judgment of appeal of the Lodo arbitration per nullity, the competence a know of the merit, after the exhaustion of the phase rescindent, presupposes a praise emit by referees actually investit i of potestas iudicandi. where the praise promani from referees devoid of the power of judge the task of the judge of the appeal not is the one of renew more correctly the judgment arbitration, but by el imare from the legal reality the decision issued by a college not invested of the power of resolve the dispute, remaining the competence a decide in merit determined by rules general de L Code of ritual. a decision in merit of the courtyard of appeal would constitute, in similar cases, violation of the principle of the double degree of jurisdiction, without che nor they remember i presuppositions of law.