Court of Bari, 15 September 2016, n. 4631
Legal Principle
The principle of autonomy of the clause compromise is worth in report at the shop procedural founding the arbitration ritual, that is it implements, per will of the parts compliant, by the exercise a authority dec Soria alternative respect a of the judge state and si solves in a praise with the parts the same efficacy of the sentence; vice versa, said principle not can be invoked in relationship to the arbitration irritation le, having nature negotiating and consistent in fulfillment of the mandate, conferred from parts to the referee, of integrate the will of the parts themselves giving to life a shop of second grade, the which it the its reason to be from the shop in which the clause it is inserted, with the consequence that the clause of arbitration irreplace not can survive at causes nullity that do come less the source of the power of the referees.
Methodological Notes
standard