Court of Catania, 28 March 2022, n. 1430

The forecast of one clause skuser with to which le parts agreed by donate le any controversies contractual a a college arbitral not excludes the appeal at the process monitor per obtaining a decre to Injunctive; in what the exception of compromise not is detectable ex officio, but only on exception of the part interested part, and in the phase summary of the procedure monitor not vi is still a dispute characterized co co co NTRADDITTORY between the parts and therefore deferrable to cognition of the referees. per cons, in the subsequent judgment of opposition a decree injunctive, possibly promoted by the debtor injunct, it is established an ordinary procedure imcent of cognition, which implies necessarily the referral of the controversy to cognition of the college arbitration, with consequent declaration of nullity of the decree injunction issued by the judge ordinary judge incompetent.