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/