sentenza
No. 1532
Year: 2020

Court of Monza, 16 November 2020, n. 1532

⚖️ Tribunale di Monza
📅

Legal Principle

The forecast of one clause compromise with to which the parts agreed by donate le any controversies contractual a a college arbitral not excludes the appeal to the process monitor per the obtaining a decree injunction o; in what the exception of compromise not is detectable ex officio, but only on exception of the part interested, and in the phase summary of the procedural monitor not vi is still a controversy characterized by the contradictory between par ti e therefore deferrable to cognition of the referees. per cons, in the subsequent judgment of opposition a decree injunction, possibly promoted by the debtor injunct, si an ordinary ordinary procedure cognition, which implies cessable, a front of the relative and timely exception, the referral of the controversy to cognition of the college arbitration, with consequent declaration of nullity of the decree injunction issued by the state incompetent judge.

Methodological Notes

standard

How to cite

Tribunale di Monza, 16/11/2020, n. 1532, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-monza-16-november-2020-n-1532-en-1752171798/