Legal principle
The consensual insertion of one clause incomplete involves the legitimacy of the emission of the decree injunction ad work of the judge competent on the base of the prospects turns by the opposite creditor; m A, in the case of subsequent opposition raised also at the fine of do worth the effects of the clause, the injunctive decree issued must be declared null and the dispute must be donated to referees.
Methodological notes
standard
Decision text and analysis
The+consensual insertion+of+one+clause+incomplete+involves+the+legitimacy+of the emission+of the+decree+injunction+ad+work+of the+judge+competent+on the+base+of the+prospects+turns+by the+opposite creditor;+m A,+in the+case+of+subsequent+opposition+raised+also+at the+fine+of+do+worth+the+effects+of the+clause,+the+injunctive+decree+issued+must be+declared+null+and+the+dispute+must be+donated+to+referees.
How to cite
Tribunale of Roma, 24 December 2016, No. 24054, «Court of Rome, 24 December 2016, n. 24054», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-24-december-2016-n-24054-en-1752169166/