Arbitration case law

sentenza

Court of Lecco, 13 July 2019, n. 441

Tribunale of Lecco

Legal principle

The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the emission measures unheard of alter alter a part), ma imposes a the latter, in case of subsequent opposition founded on the existence of the said clause, the declaration of nullity of the decree opposite and the contextual remission of the controversy to the judgment of the referees.

Methodological notes

standard

Decision text and analysis

The existence+of+one+clause+turmoil+not+excludes+the+competence+of the+judge+ordinary+ad+issue+a+decree+injunction+(expected+that+the+discipline+of the+procedure+referee+not+contemplates+the emission+measures+unheard of+alter+alter a+part),+ma+imposes+a+the latter,+in+case+of+subsequent+opposition+founded+on the existence+of the+said+clause,+the+declaration+of+nullity+of the+decree+opposite+and+the+contextual+remission+of the+controversy+to the+judgment+of the+referees.

How to cite

Tribunale of Lecco, 13 July 2019, No. 441, «Court of Lecco, 13 July 2019, n. 441», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-lecco-13-july-2019-n-441-en-1752169379/

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