Arbitration case law

sentenza

Court of Vicenza, 30 August 2023, n. 1574

Tribunale of Vicenza

Legal principle

In the hypothesis in a ratio it comes made object a a transaction and this not has novative character, the failure extinction of the ratio original descendant from character of the transaction means not already that the position parts it is at the same time d D to the agreement original e from the transfective one, but only that the eventual come less of the latter FA relive the original agreement. consequently, the controversies relative to the transactive agreement not are donated to competence referee established by the original agreement.

Methodological notes

standard

Decision text and analysis

In the hypothesis+in++a+ratio+it comes+made+object+a+a+transaction+and+this+not+has+novative character,+the+failure+extinction+of the+ratio+original+descendant+from++character+of the+transaction+means+not+already+that+the+position+parts+it is+at the same time+d+D to the agreement+original+e+from+the transfective one,+but+only+that+the eventual+come+less+of the latter+FA+relive+the original agreement.+consequently,+the+controversies+relative+to the transactive agreement+not+are+donated+to+competence+referee+established+by the original agreement.

How to cite

Tribunale of Vicenza, 30 August 2023, No. 1574, «Court of Vicenza, 30 August 2023, n. 1574», in Arbitration in Italy, https://www.arbitratoinitalia.it/en/decisione/court-of-vicenza-30-august-2023-n-1574-en-1752181108/

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