sentenza
No. 490
Year: 2023

Court of Patti, 12 May 2023, n. 490

⚖️ Tribunale di Patti
📅

Legal Principle

In the arbitration irrital, the praise can be challenged per error essential exclusively how much the will of the referees it is it was diverted from an alter ta perception or from a false representation of the reality and of the elements of fact subordinate per their exam (so -called deviation attente to evaluation of one reality i which elements are states exactly perceived (c.d. error of judgment), with the consequence that the lo do irrital not it is challengeable per error s in iudicando, not even where these consist in an erroneous interpretation of the itself contract stipulated by and parts, che has data origin to mandate to referees; nor more in general, the praise irritation is cancellable per erroneous application of the rules of hermeunes CA contractual o, a greater reason, per a appreciation of the results negotiations different from the one considered by referees and not compliant at expectations IV of the part challenge. ne noudi that the praise referee irrital not is challengeable per errors of right, but only for vices that can vulnerare each I event of will negotiale, like the error, the violence, the willful misconduct or the inability of the parts that have conferred the assignment e of the referee himself.

Methodological Notes

standard

How to cite

Tribunale di Patti, 12/05/2023, n. 490, in Arbitrato in Italia, https://www.arbitratoinitalia.it/en/decisione/court-of-patti-12-may-2023-n-490-en-1752179308/