sentenza
No. 373
Year: 2021

Court of Florence, 17 February 2021, n. 373

⚖️ Tribunale di Firenze
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Legal Principle

Not VI is, in line of principle, incompatibility between bankruptcy and cognition arbitral; the vis actractive of the hole bankruptcy not si extended e even at actions che already si find (like in the species) in the assets of the bankrupt, at the act of the bankruptcy, and that therefore they would have been able to be performed by the entrepreneur, to protection of the proper interest, where not it was bankrupt; in synthesis, the clause arbitration is opposable to the curator of the bankruptcy if he he acts per the recovery a a credit nascent a contract to which it accesses a clause.
The first period of art. 819-ter, co. 1, cod. Proc. Civ., In the providing that the competence of the referees not is excluding from connections e between the dispute ad they deferit and a cause pendant front to the judge ordinary, implies, in reference to the hypothesis in yes A State Proposal a plurality of questions, that the subsistence of the competence referee is verified with specific with regard to each of they, not can be able to donate to referees (or to the judge ordinary) the entire controversy in virtue of the bond of connection.

Methodological Notes

standard

How to cite

Tribunale di Firenze, 17/02/2021, n. 373, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-florence-17-february-2021-n-373-en-1752172082/