Arbitration case law

sentenza

Court of Bari, 2 December 2022, n. 4493

Tribunale of Bari

Legal principle

The existence of one clause balancing not excludes the competence of the judge ordinary ad issue a decree injunction, ma it imposes a the latter, in case subsequent case opposition founded on the existence of said clause, the declaration of nullity of the decree opposite and the contextual remission of the dispute to the judgment of the referees.

Methodological notes

standard

Decision text and analysis

The existence+of+one+clause+balancing+not+excludes+the+competence+of the+judge+ordinary+ad+issue+a+decree+injunction,+ma it imposes+a+the latter,+in+case+subsequent++case+ opposition+founded+on the existence+of+said+clause,+the+declaration+of+nullity+of the+decree+opposite+and+the+contextual+remission+of the+dispute+to the+judgment+of the+referees.

How to cite

Tribunale of Bari, 2 December 2022, No. 4493, «Court of Bari, 2 December 2022, n. 4493», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-bari-2-december-2022-n-4493-en-1752178699/

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