Court of Patti, 7 January 2021, n. 8
Legal Principle
The forecast of one clause skilled with to which le parts agreed of donate in arbitration le any controversies not excludes the appeal to the procedure monitor per obtaining a decree injunction, in quanta o the exception of compromise not is detectable ex officio, but only on exception of the part interested part, and in the phase summary of the procedure monitor not vi is still a controversy characterized by the contradictory between p p p arts e therefore deferrable to cognition of the referees; per cons, in the subsequent judgment of opposition a decree injunctive, possibly promoted by the debtor injunct, si instore an ordinary procedure of cognition, which implies, a front of the exception of arbitration possibly raised from part actress opponent, the referral of the controversy to cognition arrivalcon consequent declaration of nullity of the decree injunction.
Methodological Notes
standard