Legal principle
The presence a a clause balacise does not prevent in abstract to creditor of request and obtain from the judge ordinary a decree injunction per the credit shutting from the contract, firm remaining the faculty, per the incenti mato, di to complain the competence referee on venue of opposition, with consequent necessity, for the judge of the latter, of revoke the decree injunction and send the parts front to the referee unique or to the college arbitration.
Methodological notes
standard
Decision text and analysis
The+presence+a+a+clause+balacise+does not prevent+in+abstract+to+creditor+of+request+and+obtain+from the+judge+ordinary+a+decree+injunction+per+the+credit+shutting+from the+contract,+firm+remaining+the+faculty,+per+the incenti mato,+di+to complain+the+competence+referee+on+venue+of+opposition,+with+consequent+necessity,+for+the+judge+of+the latter,+of+revoke+the+decree+injunction+and+send+the+parts+front+to the referee+unique+or+to the+college+arbitration.
How to cite
Tribunale of Cosenza, 8 September 2023, No. 1432, «Court of Cosenza, 8 September 2023, n. 1432», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-cosenza-8-september-2023-n-1432-en-1752181122/