Legal Principle

Pursuant to Article 816-ter of the Code of Civil Procedure, where a witness refuses to appear before the arbitrators, the latter may request the President of the Court of the seat of arbitration to order the appearance of the witness, thereby exercising the coercive power which the arbitrators lack, in order to ensure the effectiveness of the taking of evidence in the arbitration proceedings.

Methodological Notes

standard

How to cite

Tribunale di Massa, 07/12/2025, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-massa-order-of-7-december-2025-1769614761-7897/

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