Court of Salerno, 21 October 2019, n. 3296
Legal Principle
In the discipline previous the reform of 2006, the nature negotiating of the arbitration irritation, which instrument of resolution of the controversies hidden on the custody a third of the task of search a composition friendly attributable to will of the parts, si translates into the appeal of the praise only for i vices that can inficy each event will will negotiale, and therefore for error, malice, violence or inability of the parts that have conferred the assignment or of the referees themselves. in this perspective it can assume relief also the respect of the principle of the contradictory, the which non -compliance from part of the referees, at equal of the other V IZI, can be deduced as reason of appeal of the praise exclusively in reference in art. 1429 of the Italian Civil Code, coming in consideration not already as vice of the procedure, but as violation of the contract of mandate.
Methodological Notes
standard