Legal principle
Yes applies even to the event of the composition 150 l.fall. The principle second the which the existence of one clause turmoil not excludes the competence of the judge ordinary a emit a injunctive decree (expected the the discipline procedural arbitration non . The the emission of unheard of measures altera part), ma imposes a the latter, in case subsequent opposition opposition founded on the existence of the clause, of declare the nullity of the decree opposite and of dispose simultaneously the remission of the dispute to the judgment.
Methodological notes
standard
Decision text and analysis
Yes+applies+even+to the event of the composition+150+l.fall.+The+principle+second+the+which+the existence+of+one+clause+turmoil+not+excludes+the+competence+of the+judge+ordinary+a+emit+a+injunctive decree+(expected+the+the+discipline+procedural+arbitration+non+. The+the+emission of+unheard of measures+altera+part),+ma+imposes+a+the latter,+in+case+subsequent+opposition+opposition+founded+on the existence+of the+clause,+of+declare+the+nullity+of the+decree+opposite+and+of+dispose+simultaneously+the+remission+of the+dispute+to the+judgment.
How to cite
Tribunale of Foggia, 5 December 2022, No. 2989, «Court of Foggia, 5 December 2022, n. 2989», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-foggia-5-december-2022-n-2989-en-1752178712/