Court of Brescia, 11 November 2022, n. 2740
Legal Principle
Each part that has meaded one clause compromise has the right of convenient and being agreed ahead to the referee with le and mode in ter mini agreed in the same. in case of litisconsorzio necessary, the quote a judgment before the judge ordinary e omitted relief, from part of a a litisconsorte agreed, of the existence of the clause constitute, in the substance, acts devices which, albeit legitimate, not can be effective towards comparisons of the other litisconsorti which, asking that the dispute is decisive referees like agreed in the convention.
From this drift that the exception of arbitration raised even from one only of the litisconsorti is suitable a root the competence in front to the referee.
Methodological Notes
standard