Legal principle
In case of clause compromise statutory which it donated to referees the cognition of controversies promoted towards comparisons administrators, falls in competence referee also the question ex art. 2395 cod. Civ.
The procedural pact of devolution in arbitration is autonomous compared to the contract to which inherent and therefore survives its invalidation and to the possible cessation between the parts of the other effects of such ratio.
Methodological notes
standard
Decision text and analysis
In+case+of+clause+compromise+statutory+which+it donated+to+referees+the+cognition+of+controversies+promoted+towards+comparisons+administrators,+falls+in+competence+referee+also+the+question+ex+art.+2395+cod.+Civ.
The+procedural pact+of+devolution+in+arbitration+is+autonomous+compared+to the+contract+to which+inherent+and+therefore+survives+its+invalidation+and+to the possible+cessation+between the+parts+of the+other effects+of+such+ratio.
How to cite
Tribunale of Milano, 23 January 2017, No. 813, «Court of Milan, 23 January 2017, n. 813», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-milan-23-january-2017-n-813-en-1752169202/