Court of Rome, 11 October 2021, n. 15808
Legal Principle
The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure arbitration not contemplates the emission measures unheard of altera part), pe r , where you operate the clause compromise, existing i prerequisites of to which articles 633 ss. cod. proc. civ. and kept account of the not detectability ex officio of the defect of competence for being the dispute device arbitraries, It says ordinary must issue the injunction decree requested by one of the parts; when however it is proposal opposition and the debtor unjust oversses the competence referee, they verify i assumptions fixed in compromise, therefore a cease the competence of the judge ordinary, the which is the last, a vault that detects the existence of the valid clause compromise, not can that declare the nullity of the decree injunction e recall the controversy to the judgment of the referees.
Methodological Notes
standard