Arbitration case law

sentenza

Court of Spoleto, 27 February 2021, n. 146

Tribunale of Spoleto

Legal principle

The subsistence of one clause skuser not excludes the competence of the judge ordinary ad issue the injunction decree, expected that the discipline of the procedure referee not it contemplates the emission measures unheard of altera part, but but It imposes to the judge ordinary possibly edit, in case of subsequent opposition founded on the subsistence of said clause, the declaration of nullity of the decree opposite and the contextual remission of the controversy to the judgment of the referees.

Methodological notes

standard

Decision text and analysis

The+subsistence+of+one+clause+skuser+not+excludes+the+competence+of the+judge+ordinary+ad+issue+the+injunction+decree,+expected+that+the+discipline+of the+procedure+referee+not+it contemplates+the emission+measures+unheard of+altera+part,+but+but +It imposes+to the+judge+ordinary+possibly+edit,+in+case+of+subsequent+opposition+founded+on the+subsistence+of+said+clause,+the+declaration+of+nullity+of the+decree+opposite+and+the+contextual+remission+of the+controversy+to the+judgment+of the+referees.

How to cite

Tribunale of Spoleto, 27 February 2021, No. 146, «Court of Spoleto, 27 February 2021, n. 146», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-spoleto-27-february-2021-n-146-en-1752172119/

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