Court of Latina, 24 February 2020, n. 446
Legal Principle
The clause compromise per arbitration ritual involves one derogation conventional to attributions and to competence of the judge ordinary. In particular, in presence a ritual and timely ritual exception compromise, the judge hexet must decline the own competence Ersia, in favor of the referees. e so much si obtains from the leaflet provisions of art. 819-ter of the Italian Civil Code proc. E Authority judicial ", assumed, between the other, to regulation of competence ex articles 42 and 43 cod. proc. civ., " the sentence with the the judge " he has said or denied "the own competence in a a a one convention of arbitration". in particular, the activity of the referees rituals has nature jurisdiction and substitute of the function judge state state, so that to establish if a controversy to the cognition first of the do si configure like question competence, while the sanction if one quarrel belong to jurisdiction jurisdiction of the judge ordinary e, in such scope, a replacement of the arbitrators rituals, or a that of the judge administrative or accounting, it gives a a
Methodological Notes
standard