Legal principle
The clause compromise contained in the statute of a company of people, which includes the appointment of a referee unique ad opera of the members e, in the case of disagreement, ad opera president of the court on r r icorso of the part more diligent, is affected, Sin from the date of entry in vigor of the d.lgs. 17 January 2003, n. 5, from nullity surviving detectable ex officio - not made other different cause
illegitimacy in via action - with the consequence that the clause not produces effects and the controversy can be introduced only in front to judge state.
Methodological notes
standard
Decision text and analysis
The+clause+compromise+contained+in the+statute+of+a+company+of+people,+which includes+the+appointment+of+a+referee+unique+ad+opera+of the+members+e,+in the+case+of+disagreement,+ad+opera+president+of the+court+on+r+r icorso+of the+part+more+diligent,+is+affected,+Sin+from the+date+of+entry+in+vigor+of the+d.lgs.+17+January+2003,+n.+5,+from+nullity+surviving+detectable+ex officio+-+not+made++other+different+cause+
illegitimacy+in+via+action+-+with+the+consequence+that+the+clause+not+produces+effects+and+the+controversy+can+be+introduced+only+in front+to+judge+state.
How to cite
Tribunale of Roma, 30 December 2015, No. 25935, «Court of Rome, 30 December 2015, n. 25935», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-rome-30-december-2015-n-25935-en-1752165789/