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Court of Appeal of Venice, 28 March 2022, n. 700

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.

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