Legal principle
The existence of one clause skuser not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the emission measures "unheard of alter a part "), ma imposes a the latter, in case subsequent opposition founded on the existence of the said clause, the declaration of nullity of the decree opposite and the contextual remission of the dispute to the judgment of the referees.
Methodological notes
standard
Decision text and analysis
The existence+of+one+clause+skuser+not+excludes+the+competence+of the+judge+ordinary+ad+issue+a+decree+injunction+(expected+that+the+discipline+of the+procedure+referee+not+contemplates+the emission+measures+”unheard of+alter a+part “),+ma+imposes+a+the latter,+in+case+subsequent+opposition+founded+on the existence+of the+said+clause,+the+declaration+of+nullity+of the+decree+opposite+and+the+contextual+remission+of the+dispute+to the+judgment+of the+referees.
How to cite
Tribunale of Torino, 3 January 2022, No. 19, «Court of Turin, 3 January 2022, n. 19», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-turin-3-january-2022-n-19-en-1752174445/